real estate attorney Israel
In this page, about real estate attorney Israel, you will find practical information related to real estate issues. The following questions are frequently asked by our clients from abroad. Should you have further questions or should you need assistance, do not hesitate to contact us: [email protected]
Question:
I live in Europe and I would like to sell my apartment in Israel. Do I have to travel to Israel in order to sell it?
Answer:
No. You do not have to travel to Israel. You may appoint a licensed Israeli lawyer to handle the sale of your apartment. A Power of Attorney should be signed at the Israeli Consulate or before a Notary Public, and then the Notary’s certificate should be certified by the competent Apostille authority in your country. According to the Hague Convention, documents with Apostille certificate are valid in Israel.
Question:
I purchased real estate property in Israel many years ago. I wish to sell it now, but my name was changed and my passport number was also changed. What should I do?
Answer:
First you should modify the registration at the Land Registrar (Tabu) according to your current name and passport number. You should provide an affidavit signed by you and additional affidavit signed by a person who is not related to you. You should also provide proofs of purchasing the property, like original purchase agreement, deed of sale or other documents related to the purchase of the property.
Question:
I am the owner of a real estate property in Israel. How can I obtain proof of ownership
Answer:
First you should find where your property is registered. In Israel there are several authorities that handle the registration of real estate properties. Most of the properties are handled by the Land Registration Office, known as the Tabu. Some of the properties are handled by the Israel Land Administration, and some are handled by developing companies, that act as an official registration office, until the registration process of the project is completed. Properties that are located in the occupied territories are handled by the Civil Administration.
If your property is registered at the Land Registration Office, you can obtain the extract of registration from their official website. In all other cases, you should apply in writing to the body that handles the registration.
Question:
I am going to sell my apartment in Israel. What are the taxes applied on selling real estate property in Israel?
Answer:
There are several types of taxes when a person sells an apartment in Israel. The major types are:
- Capital Gain Tax (Mas Shevach) which is paid to the government. If you do not won an apartment where you live, you may be entitled to receive tax exemption. .
- Improvement Tax (Heitel Hashbacha) which is paid to the municipal authority. The amount of the tax is determined by an appraiser of the municipality, and you have the right to object it by presenting an opposing appraisal. The rate of the tax is 50% of the improvement deriving from Urban Building Schemes improving the property, that were approved during the period of the ownership.
Question:
I am going to buy an apartment in Israel. What are the taxes applied for buying real estate property in Israel?
Answer:
In Israel the buyer has to pay Purchase Tax which is paid to the government. The rate is progressive, up to 10%.
Question:
I live out of Israel and I don’t have Israeli citizenship. Are there any restrictions on foreigners who invest in Israel?
Answer:
If a real estate property is handled by the Israel Land Administration, you will be able to purchase it only if you are entitled to become a citizen according to the Law of Return.
In many other cases, when the registered owner is private, and not the State of Israel, Keren Kayemeth Leisrael or the Authority of Development, whose lands are administered by the Israel Land administration – there is no restriction.
Question:
I inherited real estate property in Israel many years ago. My name is indicated at the Land Registration Office, but with no passport or any identifying information. Can I sell my property?
Answer:
In order to sell the property, you need to add your passport or ID number to the registration at the Land Registration Office. It can be done by providing two affidavits, one of them signed by you and the other by someone who can testify on the relevant facts. It is required to provide additional supporting documents, proving that you are the same person on the records.
Only after your passport or ID number is registered at the Land Registration Office, you will be able to complete the sale.
Question:
What are the required documents for transferring real estate property in Israel which is registered in the Land Registration Office?
Answer:
The required documents for registering a transaction (sale of property) are:
- Deed of transaction signed by the parties and certified by an Israeli lawyer.
- Certificates from the Israeli Tax Authority stating that there is no debt of Capital Gain Tax and Purchase Tax.
- Certificate from the municipal authority stating that all the debts, including Improvement Tax, were paid.
- If there is a mortgage registered in favour of the seller’s Mortgage Bank, it is required to provide a deed of canceling the mortgage from the Mortgage Bank. If there is a caution note in favour of the buyer’s Mortgage Bank, it is required to provide a deed of mortgage.
Question:
I would like to give my property to my child as a gift. What should I do in order to register my child as the owner of the property at the Land Registration Office?
Answer:
According to the Israeli law, giving property as a gift is a real estate transaction, and you should provide all the required documents for transaction. Therefore you and your child should sign an affidavit stating that the property is given without any consideration, and you should file it with the Israeli Tax Authority and municipal authority. Usually the child should pay Purchase Tax.
Question:
My parent passed away and left real estate property in Israel. What should I do in order to inherit the property?
Answer:
First you should obtain a Succession or Probate Order from the competent Israeli authority (Family Court, Inheritance Registrar or Rabbinate Tribunal).
After obtaining this order, you should present it to the authority that handles the property. Usually there are no tax certificates or municipal certificate needed.
Disclaimer: This page is provided for your personal information and should not be construed as legal advice on any subject matter, nor should it be relied upon as such.