מקרקעין | נדל"ן

The page includes links to forms, bills and applications submitted to bureaus. The page is updated regularly, with the addition and updating of guidelines, procedures and forms and in accordance with updates to legislation and rulings on which they are based.
Sometimes there may be gaps due to new guidelines that have not yet been updated on the published page.
In the listings certain – there may be additional individual procedures, or special instructions that will be given in the circumstances of the case to the substance of the records and the laws applicable to them.

The Land Law

1.transactions and their registration

1.1.Documents and certificates that must be prepared for the purpose of registering a transaction

A. When the transaction is subject to the Real Estate Taxation (Praise and Purchase) Law, 1963, being the sale of an ownership right or a rental right for a period exceeding ten years:

(1) According to the order of the Commissioner of the Registry, as of April 1, 2015, in all cases where registration of an action is requested based on a deed drawn up, signed and duly authenticated – the deed will be considered an application form and there will be no need to attach the application for real estate registration to the deed.

(2)

(a) Original transaction deed signed by the parties without corrections and erasures (see clarifications in section 1.1.22) duly verified by a lawyer .

(b) Within the framework of Regulation 9 (c) (1) of the Real Estate Regulations (Management and Registration), the ninth in 2011, it was determined that “online submission of a scanned deed which will be verified by one or more electronic signatures, will be considered the submission of the deed In accordance with the procedural order of September 5, 2023, it was determined that when submitting requests to register operations and transactions online, a transaction deed drawn up, signed and verified by a lawyer completely digitally can be considered an original document for the purposes of Regulation 9. c) To the real estate regulations.Also, when submitting applications online, you can attach documents (powers of attorney, promissory notes, applications, affidavits, etc.) that have been digitally verified by a lawyer for the purpose of carrying out Registration actions in the registers and these documents must be considered as source documents for the purpose of making the registration.

(c) The validity of a transaction note (in all types of notes) will be one year from the date of verification of the signature on the note. Beyond this period, and up to a period of three years from the date of verification of the signature on the deed, it will be possible to accept the deed, subject to the production of the approval of the lawyer who verified the signature of the parties to the deed (in the event that there are several lawyers, the approval of one of them is sufficient), or the lawyer who submits the The case, according to which the transaction is still valid and the parties are alive. The confirmation can be given on the bill or in a separate document that binds itself to the bill. After 3 years from the date of verification of the signature, it will no longer be possible to use the bill. (Amendment dated 31.1.17).

(d) To the extent that there is a gap between the verification dates in the bill, the dates will be counted from the earlier verification date (amendment dated 1.31.17).

(3) Power of attorney, when the deed is not signed, or about to be signed, by a party to the transaction but by his agent – see clarifications, in section 1.1.6 Regarding the verification of signatures on powers of attorney.

(4) Confirmation of payment of real estate appreciation tax or exemption, addressed to the land registrar (see clarifications in section 5.17).

(5) Confirmation of payment of purchase tax or exemption, addressed to the land registrar.

(6) Confirmation of payment of sales tax or exemption, addressed to the land registrar. tax correction 61 of the Real Estate Taxation Law, which was enacted on February 1, 2008, states that sales tax will be abolished as of August 1, 2007 (Book of Laws 2134 page 202). A sales tax certificate must be produced only in cases where the real estate was sold between 1.1.2000 and 1.8.2007 (the date of sale appears on the sales tax certificate).

(7) If no transaction has been made in the property since December 31, 1999, a certificate of payment of property tax, or an exemption from it, valid for the day of filing the case must be attached (see clarifications in section 5.16< /span>).

(8) Confirmation of the absence of debts to the municipality/local authority, valid as of the day the file is submitted. Three months have passed since the end of this approval period.

(9) Approval of the local planning and construction committee for payment or exemption from the improvement levy.

(10) Other documents – depending on the need and nature of the transaction – that are needed to prove that the parties are entitled to execute the transaction and that there is no obstacle to its execution and registration.

B. When the transaction is not subject to the real estate taxation law (appreciation and purchase):

(1) Lease – there was an intentional request to register the granting of a lease for a period not exceeding twenty-five years, or its transfer – the documents and approvals must be prepared, as specified in section a. (2), (3), (7), (8), (9), (10) above. See clarifications in chapter 1.3.1.

(2) Her mortgage – if the request is aimed at registering her mortgage, as a guarantee for a commitment of a certain amount – the documents and certificates must be prepared, as specified in section a. (2), (3), (7), (10). See clarifications in chapter 1.3.2.

(3) Redemption of her mortgage – if the request was aimed at registering the redemption of her mortgage – documents must be prepared, as specified in section a. (2), (3), (10) above. See clarifications in chapter 1.3.2.

(4) Easement and right of way – if the request is aimed at registering an easement or right of way, the documents and approvals must be prepared, as specified in section a. (2), (3), (10).

third. When a party to the transaction is a local authority:

(1) In view of the provision of section 203 (a) of the Municipalities Ordinance [new version], the nine”d-2014, the signature of the head of the local authority together with the treasurer of the local authority on transaction notes, are sufficient for the purpose of registering a transaction.

(2) According to section 188 of the Municipalities Ordinance [new version], the nine”d-2014, a municipal council protocol on the execution of the transaction must be attached.

(3) As for a local authority that is not established, a permit from the Ministry of the Interior must be attached to the transaction. (Regarding a local authority that has been declared strong, see procedure 5.14.4 )

1.1.Obtaining approvals for mandatory payments

A. Make sure that the numbers of the block, plot and sub-plot that appear in the certificates of the compulsory payments, are the same as the numbers registered in the land registers.

B. As part of an agreement between the Authority for the Registration and Settlement of Real Estate Rights and the Tax Authority, it was determined that in the event that there is a discrepancy between the identification of the property appearing in the tax certificates and the property that is the object of the transaction/action, it will be possible to attach to the tax certificate a lawyer’s affidavit regarding the identification of the property in the tax certificate, indicating that the tax certificates attached relate to the transaction/operation requested for registration in the bill/application, and there will be no need to amend the approval.

c. In transaction files and actions, in which confirmations regarding obligation payments have been attached and the identification of the property appears in the old lot number that was registered in the registers before the planning operation or settlement procedures were carried out, the registrar will first verify whether the transferred right was indeed registered in the old lot number.
In these cases, the registrar will be able to waive the creation of amended certificates that refer to the new plots created as a result of the registration of the planning action or the settlement procedures.

d. In cases where simultaneously with the registration of a transaction in an apartment in a condominium, the registration of a lease of a parking lot or a warehouse in an adjacent lot is also requested, claiming that it is a lease related to an apartment in the condominium, it will be possible to register the transaction relying on the tax approval relating to the sub-plot only, subject to the lawyer’s statement who submits the file for registration, that it is a linkage that was sold together with the apartment and was included in the report to the tax authority, and that it is not a separate transaction.

e. As of May 21, 2020, it is also possible to submit copies of municipal approvals, local authority approvals, and local committee approvals with regard to the payment of property tax debt or improvement levies, as part of carrying out operations and registering transactions, subject to the affixing of a lawyer’s authentic seal to the original, or his signature on the approval that The document is a copy of the certificate received online/by fax from the authority that issued it.
Alternatively, a copy of the above certificates can be submitted, even without the signature of a lawyer as mentioned and subject to the fact that the copy of the accompanying email sent from the authority together with With the approval.

1.1.Copies of documents
When an application is submitted for registration in the land registers, and a copy of the document (not the original) is attached to the application, proceed as follows:

A. If the document constitutes the reference for registration in the registers (such as: deed, powers of attorney, details of a corporation, certificate of registration of a corporation, etc.) – the copy must be certified by a notary.

B. Any attorney who appears as a representative in the powers of attorney may certify “true to the source” (and not just the attorney who authenticated the sender’s signature), and this is subject to the power of attorney being valid, either because it is irrevocable or because 10 years have not yet passed. This instruction refers only to cases where a source is required.

third. If the document is the reference for registering a warning note (contract, irrevocable power of attorney, commitment) – you can get a copy certified by a lawyer (not necessarily a notary). What is stated in this paragraph shall not apply to types of documents for which it is determined that they must be submitted in the original only (for example, an obligation to register a mortgage as well as the cases where the registrar orders, at his discretion, the submission of the original document).

d. Notwithstanding the above, printed copies of documents bearing the seal of the Corporations Authority, indicating that they have been scanned, in the wording and form agreed upon with the Corporations Authority, will be accepted as a faithful copy of the original of the document.

1.1. Documents in the English language

A. Section 82 of the King’s Speech in Council on the Land of Israel states that, subject to any regulations established by the government, it is permitted to use the three languages ​​(Hebrew, English, Arabic), in government offices and in the courts. Yes, it is established in section 15 (b) of the Order of Government and Justice, 1948, “that any provision of the law requiring the use of the English language is void”.

B. However, this section did not abolish the citizen’s permission to use the English language in any government office, but only the obligation of the authorities to use the English language in their publications (ref. 12-1016 Yehuda Katz v. the Medical Association).

c. It seems that the administrative authorities were given the authority to exercise their discretion in accepting or refusing to accept a document edited in the English language.
However, as a general rule “discretion given to an administrative authority will never be unlimited” (R” BG”C Kardosh n” Registrar of Companies, P”4 16″1151).

d. The role of the land registrar in this context is to check if the action can be registered based on the document presented to him. For this he must understand the content of the document.

God. The land registrar should therefore read the document and try to understand what is said in it. If the content of the document is written in a way that is unfamiliar to him, so that it is not possible to understand its essence, then the registrar may require the submitter of the document to provide a translation.

and. The translation can be done by a notary or by a lawyer who declares that he is fluent in both languages ​​and the translation is faithful to the original.

1.1.Description of the land in the deed
As of March 20, 2016, it is no longer necessary to specify in the column of the description of the land the notes / encumbrances (of any kind), and it is necessary to write “as specified in the land registers” only.
This registration will be valid as long as there is no change in the wording of the registration between the date of verification of the buyers’ signature on the deed in accordance with section 14 (a) of the Land Regulations (Management and Registration), the ninth of 2011, and The date of submission of the case for registration.
As soon as there is a change in the registration, it is necessary to correct the bills in the column describing the real estate, and indicate the new comments that have been added. The correction of the notes will be done either by a lawyer through a power of attorney, or with the signatures of the purchasers themselves, when in any case it is necessary to verify the signatories of the correction in accordance with the provisions of Section 14 (a) of the Real Estate Regulations (Management and Registration), Nineteen B – 2011. /span> a>This procedure applies to all types of transfers and mortgages.
As it is a limited number of corrections, it will be possible to make corrections in hand on the bill, otherwise it will be necessary to submit new bills.

1.1.Verification of signatures on power of attorney

A. In the case where a buyer’s signature for registering a warning note or transaction is through a power of attorney given to an attorney and signed based on a passport that is not valid at the time of registration, the buyer must be registered in accordance with the passport specified in the power of attorney, and this if at the time the power of attorney was issued, the passport was valid, and the verification was lawful on The basis of the same passport (amendment dated 2.2.16).

B. A signature on a power of attorney that can be sent by a non-attorney requires verification by a notary, and as of the date of commencement of the Notary Law, 1976, a general power of attorney and a power of attorney to carry out real estate transactions that require registration in the land registers, which can be sent by a non-attorney, They will not be valid unless a notary has edited them or verified the signatures on them, as stated in this law and the regulations pursuant to it – see section 20 of the Notaries Law 1976.

third. A power of attorney drawn up abroad – for the purpose of making a real estate transaction in Israel – is allowed to be proved if it is signed by the sender, before one of the following:

(1) An Israeli diplomatic or consular representative, who signed the signature in writing with his hand and seal on the document or in an appendix to it.

(2) A public notary, who has signed the signature in writing with his hand and his notary seal and the signature of the notary public has been verified in writing by an Israeli diplomatic or consular representative and with his official seal on the document or in an appendix to it. See the provision of section 30 of the Evidence Ordinance (new version), 1971 regarding the proof of foreign documents.
When drawing up a power of attorney abroad – it must be signed and authenticated, as stated above, either before an Israeli consular representative or In front of a public notary – one must also state, next to the signer’s name, the details of the document by which his identity is proven and the number that identifies the subject of the document (identity card, passport, or other official document, by which the identity of the signer is proven).

(3) Regarding authentication of foreign documents according to the Hague Convention, see chapter 5.3.

d. Regarding countries that do not maintain diplomatic relations with Israel, and in which the functions of the Israeli diplomatic or consular representative are actually fulfilled, diplomatic or consular representatives of another country, representing Israel towards the country with which it does not have diplomatic relations – it will be possible to prove a power of attorney, drawn up in those countries, if signed by the sender before a diplomatic or consular representative of a country that represents Israel in the other country, who at the time fulfills the authority of an Israeli diplomatic or consular representative for the matter in question, and the signature has been verified as stated above. of a representative country does in fact fulfill the authority of an Israeli diplomatic or consular representative – the power of attorney will be transferred to the management of the Authority for Registration and Settlement of Real Estate Rights, in order to review the issue with the Ministry of Foreign Affairs.

God. A power of attorney was signed in a country that does not have an Israeli diplomatic or consular representation, or does not have a diplomatic or consular representative authorized to “represent” Israel – the power of attorney will be transferred to the supervisor of land registration, for approval.

and. The power of attorney will be submitted to the land registrar when the signature on it is verified as mentioned above.

g. There is no impediment for an Israeli notary to exercise notary powers abroad, in the cases listed in the Notary Law.
See clarifications in chapters 5.12 /span>5.3< /span>. , 5.28 , 5.22

1.1.Transfer of power of attorney to a notary – Section 14 of the Notary Law
In the case of verifying the signature of a person on behalf of another person, it is possible to be satisfied with the notary’s approval and provided that form number 9 is attached.
It must be ensured that the said form is approved by the notary in all its sections.
In any deviation from this – two powers of attorney must be required.

1.1. Right to sign on behalf of the General Custodian
The General Custodian and his deputy will be entitled to sign various requests and deeds of transaction in the real estate to which the General Custodian is a party. The employees of the General Custodian’s Division who have been authorized to do so by the General Custodian will also be entitled to sign such documents. Notification of the determination of signature authorizations as mentioned, deletion or addition of authorizations, will be delivered by the general custodian to the person in charge of the registry.

1.1.Cancellation of a management order by the official receiver – signature right
The official receiver and each of his deputies will be entitled to sign a request to cancel a note on a liquidation procedure or a bankruptcy procedure that the administrators are conducting against the owner of rights in the property.< /span>

1.1.Those with the right to sign notices of cancellation of management notes of the general guardian’s management order
Notice of cancellation of a note for the management of the property by the general guardian signed by one of the following:
The General Custodian, his deputy or the director of the national property discovery and management unit under the General Custodian Division. The employees of the General Custodian’s Division who have been authorized to do so by the General Custodian will also be entitled to sign such a notice.
Notice of the determination of signature authorizations as stated, deletion or addition of authorizations, will be delivered by the General Custodian to the person in charge of the registry.

1.1.Identification of parties to real estate transactions

A.

(1) When the owners of a transaction appear before a land registrar or before a lawyer, in order for them to sign the deed of transaction and verify their signatures, the signer must identify the parties according to a valid identity card or passport, as stated in regulation 16 (a) of the real estate regulations (management and registration) ), the nine” in 2011.

(2) רק במקרים חריגים יפעיל רשם המקרקעין שיקול דעת, אם לקבל מסמך מזהה אחר שיניח את דעתו, לדוגמא: רישיון נהיגה.
אם אכן החליט לקבל מסמך מזהה אחר, יפעל הרשם עפ”י האמור בתקנה 16 (ב) לתקנות האמורות ויצרף לתיק העסקה / הפעולה צילום של המסמך המזהה (בנוסף לציון עובדה זו בגוף המסמך המאומת) (2/99).

ב. בעת אימות זהותו של צד לעסקה יש לוודא, שמספר תעודת הזהות או הדרכון הודפס במדויק בשטר העסקה, כולל הקידומת של מספרי הזהות או הדרכון.

ג. אחרי שהוכחה זהותם של בעלי העסקה, כאמור לעיל, יש גם להיווכח שהבעל הרשום של הזכות במקרקעין אכן זהה לצד המבקש לעשות בהם עסקה.
בדרך כלל תוכח עובדה זו על ידי השוואת השם ומספר הזהות או הדרכון של מי שמבקש לעשות את העסקה, עם השם והמספר שנרשם בפנקס המקרקעין בצד שמו של בעל הזכות נשוא העסקה.

ד. להוכחת זהות של בעל זכות רשומה במקרקעין נודעת חשיבות מיוחדת, כשהמקרקעין נשוא הרישום המבוקש נרשמו בזמנו בפנקס המקרקעין ללא ציון מספר זהות או דרכון בצד שמו של בעל הזכות הרשומה.
במקרים אלו, על רשם המקרקעין להשתכנע כי בעל הזכות הרשומה או חליפו על פי דין ומבקש שינוי הרישום חד המה. לשם הוכחת הזהות יש לצרף אפוא הוכחות מקוריות שונות כגון תעודת רישום (קושאן); שטר מכר; שטר חכירה וכיו”ב שמצויים בידי הטוען לזכות; אישורי מיסים מלפני עשרות שנים, וכיוצא בזה ראיות מקוריות מאת רשויות הפועלות על פי דין, שיש בהן כדי לקשור בין מבקש הרישום לבעל הזכות הרשומה.

ה. ככלל, יש לצרף לבקשת הרישום תצהירים להוכחת הזיהוי (תצהיר של מי שטוען לזכות הרשומה, ותצהיר של אדם אחר). התצהירים הדרושים ייעשו ויאומתו כאמור בסעיף 15 לפקודת הראיות (נוסח חדש), תשל”א – 1971.
יש להקפיד על תוכן התצהיר, ולכלול בו את כל הידוע למצהיר אודות הנכס והזיקה בינו לבין בעל הזכות הרשומה לרבות מקור הידיעה (רצוי לציין בתצהיר את גיל המצהיר).

ו. מסמכים נוספים בהתאם לנסיבות ולהנחת דעתו של הרשם.

1.1. מספר זיהוי של תושב ישראל
משרד הפנים הגדיל בשנת 1976 את מספרי הזיהוי מ- 7 ספרות ל- 9 ספרות. אם נרשם בזמנו מספר זהות המכיל 7 ספרות או פחות, ואילו כיום מציג בעל הזכות הרשומה תעודת זהות בעלת 9 ספרות, יש לראות את הזהות כמוכחת אם המספר החדש הכולל 9 ספרות (להוציא את הספרה האחרונה ואת הספרה הראשונה שבו) זהה למספר הקודם.
כמו כן אין להתחשב בספרות 0 המופיעות בצד שמאל של המספר.
לדוגמא: אם מספר הזהות הקודם נרשם: 1437249 והמספר החדש הוא 001437249 , תהא הזהות שווה.

1.1. הוספת מס’ זהות – פטור מאגרה
הוספת מספר זהות לשם של אדם הרשום בפנקס המקרקעין (בהליך הוכחת זהות כמקובל) כמוה כשינוי שם ופטורה מאגרה, הן מאגרת הרישום והן מאגרת הבקשה.

1.1. עדכון/החלפת פרטי זיהוי

א. לצורך פעולה שעניינה עדכון פרטי זיהוי במרשם יש לצרף טופס בקשה לעדכון פרטי זיהוי חתומה על ידי המבקש, וכן העתק מאושר כהעתק נאמן למקור של התעודה החדשה שעל בסיסה מתבקש הרישום החדש.

ב. בנוסף, יש לתמוך את הבקשה באחד או יותר מהמסמכים כדלהלן:

(1) אישור מקורי מאת רשות האוכלוסין בישראל, שיש בו כדי לקשור מפורשות בין הזיהוי הישן והחדש.

(2) החלטה שיפוטית מקורית המעידה על החלפת הזהות;

(3) מסמכים מקוריים (למשל – שטר מכר מקורי);

(4) A copy certified as a faithful copy of the original of the old passport, which includes matching the name, date of birth and photo of the owner, with the new certificate as specified in section 1 above;

(5) Affidavit of a lawyer who represented in the transaction including a statement that he handled the registration of the rights of the name of the applicant and declares that this is the same person;

(6) additional documents according to the circumstances;

third. For the avoidance of doubt, the production of the aforementioned documents does not obligate the land registrar to register the requested change, and as long as he is not convinced that the owner of the registered right and the person requesting the change are the same person, he has the authority to demand additional documents or documents of several alternatives together, as well as to perform additional inspections according to his discretion .

d. The purpose of this procedure is to update the identity details of a person already identified in the land registers, and there is no reason to deviate from the provisions of the procedure regarding proof of identity of a place where there is no identification in the registry as stated in procedure instruction 1.1.11 2> above.

1.1. Lack of correspondence between the name registered in the land registry or the population registry and the entry in the deed/application

1 . When it is the same ID card number, but there is a discrepancy in the addition of a name (surname or private): the action can be registered without a request to change the name and without additional requirements. The name of the recipient of the right will be registered in the registry according to the correction made by the online system with the Ministry of the Interior. In the event, as mentioned, there is no need to make any amendment to the deed/application.

2. When it is the same ID number, but the name is different (family or private):

(a) As far as it concerns a name change of a rights holder whose name was deleted from the registry as a result of the action, there is no need to submit a request for a name change. However, an ID card attachment/name change certificate must be requested (a fiduciary to the source is sufficient), and as long as the registrar is of the opinion that it is the same person, the action must be performed.

(b) As far as the change of name of the person who is going to be registered in the register is concerned, in addition to the required checks, as mentioned (appendix/certificate of change of name), a clarification letter from the file submitter must also be attached that he is aware that the name of the holder of the right to be registered in the registers is different from the name that appears on the deed (the clarification letter can also be received by fax). Even in this case, there is no need to apply for a name change, and there is no need to correct any correction in the deed/application. The registration will be in accordance with the correction made by the online system with the Ministry of the Interior.

3. For the avoidance of doubt, it is clarified that a minor name change such as Rivka/Rebaki, Dodi/David, Belha/Bella is not considered a different name provided that the identity card number is the same, as stated.

4. The above also applies to wills and orders of inheritance with the required changes.

1.1. Registration of transactions/operations where a party is a corporation
In accordance with Regulation 10 of the Land Regulations (Management and Registration), the ninth of 2011, it is hereby established that for the purpose of registering transactions where a party is a corporation, one must attach the documents as follows:

A. The corporation’s decision which will include the following details**:

1 . A written protocol or decision of the corporation attesting to the decision to carry out the requested transaction. The protocol/decision can refer to the execution of a certain transaction, or a certain type of transactions, or to the execution of all transactions in any real estate.

2. It must be specified in the corporation’s decision who are the parties authorized to sign on behalf of the corporation for the execution of the transaction. Alternatively, if the decision/protocol did not specify who are the parties authorized to sign on behalf of the corporation for the execution of the transaction, a lawyer (any attorney) or the corporation’s accountant will confirm who are the parties authorized to sign on behalf of the aforementioned corporation. The approval can be given separately or on top of the decision or protocol.

3. The protocol/decision must be signed. The signatures on the protocol/decision will be verified by each attorney.
** See below an example of the wording of a decision according to Section A above. It is hereby clarified that a decision can also be made in a different wording, as long as it meets the requirements detailed above:
Example of a decision according to section A’ The following” 1) To carry out a transaction _______/ operation________ / any operation or transaction in the property (delete the superfluous or circle it); In a block/book ________ plot/page ________ sub-plot_____or in any real estate (delete what is unnecessary or circle it).[optional] authorize ______________________ and/or The ______________perform all the necessary actions in order to carry out the actions detailed above (authorizedsigning).[optional] The authorized signing may To appoint a power of attorney – an attorney and a non-attorney – for the purpose of performingall the necessary actions.Signatures:______________________, T G. ___________________________________, T.Z. _____________Signature verification by a lawyer______________________________________________________________

B. Approval is required in accordance with Regulation 10 of the Regulations – the approval can be given in one of the following ways:

1 . It is possible to be satisfied with the signature of a lawyer (any lawyer) on the confirmation stated in the deed – “attorney’s confirmation in accordance with regulation 10 of the real estate regulations” (The confirmation was added to the bills published on the website).

2. Alternatively, you can attach a confirmation from an attorney (any attorney) or an accountant of the corporation, on top of the resolution/protocol or in a separate document, that the corporation exists, that it is qualified to carry out the requested transaction(s), and that the corporation’s decision of ______ (date must be filled in) duly received. In the event that the lawyer’s approval is given in accordance with this alternative (that is, not on the wording that appears in the deed), and a year has passed between the date of the corporation’s decision and the date of the signing of the deed by the corporation, a lawyer’s approval (any lawyer) must also be attached indicating that the corporation’s decision is still valid, and that the parties who signed his name are still authorized to do so.

third. General instructions:

1. When the corporation receives a right to the land, a certificate of registration of the corporation must be attached (a paper output of the certificate of registration obtained from the website of the Corporations Authority can be submitted). 9-1999 (the beginning of the company number – 51 and 52), as well as for a company that was registered with the Registrar of Companies in Israel as a foreign company according to section 346 of the Companies Law 9-1999, i.e. – a company that was incorporated in a foreign country, but was registered as a “foreign company” With the Registrar of Companies in Israel (the beginning of the company number – 56) there is no need to attach a certificate of corporate registration.

2. Next to the signature of the authorized signatories/authorities of the corporation on the promissory note, the names of the signatories must be indicated in the name of the corporation. These details can also be added by hand.

3. The corporation’s decision and the approval of the lawyer or the accountant shall be submitted in the original, or a copy certified by a lawyer (any lawyer) as a faithful to the original. To the extent that a power of attorney is also submitted, it must be submitted in the original or a true copy of the original certified by each of the attorneys representing the power of attorney.

4. Each of the confirmations or verifications listed in this procedure can be given by different parties, provided that the signer is qualified to give the relevant confirmation or verification (we are a lawyer or an accountant as the case may be). The approvals required according to this procedure can be given on one document or on separate documents, and depending on the matter also on the note itself.

5. For the avoidance of doubt, it is clarified that this procedure does not change the provisions of procedure 1.1.1 (S.K. A.(b) regarding the validity of a transaction deed).

6. This procedure does not derogate from the provisions of the procedure established in relation to a corporation’s request to register a warning note (1.5.14 Sec. H’).

7. With regard to other actions that do not require a bill, and which require the submission of an application (with the exception of a request for recording a warning note as mentioned above), the rules set forth in this procedure will apply, when it will be possible to add the required confirmation (in the form set forth in the bill) in handwriting on top of the application.

d. Registration of transactions/actions when a party to them is a corporation through a power of attorney:

1 . A decision/protocol of the corporation to carry out an action/transaction in real estate, will be considered to also include giving permission to the signatories on behalf of the corporation (even if the name of the signatories was specified in a separate approval in accordance with section A (2) above) to appoint a power of attorney in order to do the necessary for that Thus, unless this is expressly prohibited in the resolution/protocol of the corporation. For the avoidance of doubt, the aforementioned is true only in relation to the appointment of an attorney as a power of attorney.

2. In any case where authorized signatories signed a power of attorney on behalf of a corporation, their names must be indicated in the power of attorney next to their signature.

3. In the case where the power of attorney includes a notary’s approval in accordance with Regulation 3 of the Notary Regulations, 1977, according to which the person who signed the power of attorney may sign on behalf of the corporation, there is no need to attach the minutes/decision of the corporation. For the avoidance of doubt, it is clarified that when the power of attorney does not include the aforementioned approval, all the required documents must be attached according to the matter.

4. When, as part of the corporation’s decision (or the protocol), a lawyer is appointed as authorized person(s) on behalf of the corporation, and one of them verifies the signatures appearing on the decision, this document can also be seen as a power of attorney for the lawyer authorized to sign.

5. In the case where a signed deed is submitted in the name of a corporation by means of an irrevocable power of attorney, it is possible to obtain the approval required according to regulation 10 of the real estate regulations, even if it refers to the date of granting the power of attorney.

6. All other instructions in sections A – C The above will apply with the necessary changes.

God. When a party to an action/transaction in real estate is a registered company, there is no need to refer the company to the court’s revival procedure, and the land registrar can proceed to register the rights upon presentation of the required certificates, provided that all the conditions for carrying out the action/transaction have been completed before the company’s deletion.

1.1.Documents of a company in voluntary liquidation
When a company undergoing voluntary liquidation procedures requests to carry out a transaction, the following documents must be attached:

A. The company’s decision on its dissolution as well as the appointment of a liquidator.

B. A lawyer’s or accountant’s approval as is customary regarding details.

c. The photograph of the publication in the publication collection, or the certificate of the registrar of companies confirming the subscription.
According to section 330 (4) of the Companies Ordinance [new version], 1983 – 1983 “the liquidator shall have all the powers given by order This, to liquidate in liquidation by the court, without needing the court’s approval. (Mc’ 1/89).

1.1. Foreign corporation documents
If the party to the transaction/action is a foreign corporation, the documents specified in regulation 10 (b) of the Land Regulations (Management and Registration), the ninth of 2011, will be attached, and this in addition to the documents detailed in section 1.1.16 of this procedure.
In addition, a certificate from an Israeli lawyer knowledgeable in the laws of the country in which the corporation is registered will be attached, that The corporation is qualified to perform the transaction/action according to the same laws.

1.1.Proof of the existence of an Ottoman association or association, its capacity to carry out a transaction and a decision to carry it out

A.

(1) An Ottoman association that wishes to make a transaction or action in real estate may do so and the procedures used for Ottoman associations will apply to it in accordance with the Ottoman Law on Associations.

(2) Such an association will have to attach, in addition to the documents necessary to carry out the transaction or operation, the directors’ confirmation that the association has not yet been registered with the Registrar of Associations.

B. When the party to the transaction is an association, which was incorporated according to the Ottoman Law of Associations, or according to the Law of Associations, the following documents will be attached to the registration application:

(1) A detail of the meeting of the directors of the association or association that indicates the decision to carry out the action and the method of carrying it out similar to what is stated in section 1.1.16 in ‘ ;.
The signatures on the decision to carry out the transaction will be verified by a lawyer.

(2) Approval of a lawyer or an accountant similar to what is stated in section 1.1.16 c’.

(3) In the absence of the approval of a lawyer or accountant as mentioned above, in addition to the documents mentioned in subsections 1 and 2 above, the following documents must be attached:

(a) A list of the names of the committee members is approved by the Registrar of Associations.

(b) The statutes of the association or association are approved by the registrar of associations.

(c) Approval of the president of the association or association or its chairman similar to what is stated in section 1.1.16 c’ in the changes committed accordingly.

third. An association will be registered in the land register under the name: Association ______________________, with its registration number as indicated in the registration certificate.

d. If the transaction was the acquisition of a right in real estate to an Ottoman association by gift or by will, a special license from the Minister of the Interior or a person authorized by him must be attached to the registration of the action, as required by section 17 of the Ottoman Law on Associations.

God. An Ottoman association registered in the land register and which requests to change its name from an association to an association due to its registration as an association, must provide:

(1) Confirmation of the association’s registrar on the former name of the association.

(2) Affidavit of the association’s board that the real estate registered in the name of the association belongs to the association.
Also in this case the association will be registered with its registration number.

and. An association seeking to make a transaction or operation in real estate registered in the land register in the name of an Ottoman association, must produce, in addition to the documents mentioned in section b above, the documents mentioned in section f above.

1.1. Proof of the existence of a cooperative society, its ability to carry out a transaction and a decision to carry it out
When the party to the transaction is an association, incorporated according to the Cooperative Societies Ordinance, the following documents shall be attached to the registered application:

A. A certificate approved by the registrar of cooperative societies, attesting to the existence of the society.

b. Minutes of the meeting of the directors of the association attesting to its decision to carry out the transaction and through a process similar to what is stated in section 1.1.16 in ‘.
The signatures on the decision to carry out the transaction will be verified by a lawyer.

c. Written confirmation from the registrar of the cooperative societies or from the association’s lawyer, or its accountant, similar to what is stated in section 1.1.16 c’.

1.1.Proof of the existence of a partnership, its ability to carry out a transaction and the decision to carry it out
When a party to the transaction is a partnership registered according to the Partnership Ordinance, a certified and updated copy of the registration in the partnership register, as well as the documents specified in section above, in accordance with the changes that are required according to the matter.1.1.16

1.1.Verification of corrections and additions to the documents used as a basis for registering a real estate transaction

A. Deeds of transaction, power of attorney, and other documents that serve as the basis for registering a transaction in real estate, will be printed and edited without disruptions and erasures, including corrections made with liquid for erasing ink.

B. The land registrar may approve, as an exception, the execution of a minor correction, provided that the editors of the document sign the side of the correction or addition.

third. It is important to make sure that the correction or addition is legible.

1.1.Conversion transactions
In the event that transfers of rights were carried out in the property, which were not recorded in the land registers, it is possible to register the transfer of the right directly from the registered right owner to the last purchaser.
As a rule, in these cases there is no obligation to list the names of the parties in the deed for all transactions, but the land registrar may order that a detailed deed be submitted to him and signed by all parties as mentioned. In which a warning note is recorded in favor of a party who does not sign the deed, a request to cancel it is necessary.Also, it should be emphasized that, in the event that the deed is signed by means of a power of attorney on behalf of the registered right holder, it is necessary to make sure that the power of attorney includes express authorization or no for the transfer of rights directly in the name of the last purchaser (for example, if the power of attorney given on behalf of the registered right holder says the word “at his command”).

1.1.23. The tax approvals required for the transfer of a right (chain of transactions) – in cases where Ram is not a party to the deed
In the event that transfers of rights were made in the property, and these transfers were not recorded in the land registers, the tax approvals will be required as follows:

A. Appreciation tax, purchase tax and sales tax certificates
Appreciation tax, purchase tax and sales tax certificates will be issued in one of the following three ways:

(1) Appreciation tax, purchase tax and sales tax certificates, regarding each of the transfers in the chain.
This certificate can be given through a centralized table signed by real estate taxation or in separate certificates for each link in the chain . In the event that these are separate approvals for each transaction, and the approvals refer to an apartment in a shared house, it is possible to receive the approvals in relation to previous transactions even if the details of the property (block/plot/subplot) that appear in them are not the same as the details of the property at the time of registration, provided that it is proven that these are indeed approvals relating to the chain of transactions and that the details of the property are correct in the last confirmation.

(2) Signature on the bill itself – in this case it must be ensured that the tax authority writes on the bill that there is no debt for appreciation tax, purchase tax, and sales tax, and stamps the tax authority’s stamp on the bill, as well as the inspector’s seal or The coordinator along with his manual signature.

(3) Confirmation that includes both parties to the deed (the registered right holder and the last purchaser). Even in the event that such a certificate is submitted, there is no need to resort to the chain of transfers.

b. Property tax certificates – R’ Section 5.16.1.

c. Confirmation of the absence of debts from the local authority and confirmation regarding the improvement levy
Confirmation of the absence of debts from the local authority and confirmation regarding the improvement levy will be given in one of the following two ways:

(1) Confirmation that includes both parties to the deed (the registered right holders and the last purchaser). In the event that such a certificate is submitted, there is no need to refer to the chain of transfers at all.

(2) Confirmations regarding each of the transfers in the chain. In case such certificates are submitted, only the validity of the latest certificate will be checked. In the event that the approvals refer to an apartment in a shared building, the approvals can be obtained in relation to previous transactions even if the details of the property (block/plot/sub-plot) appearing in them are not the same as the details of the property at the time of registration, provided that in the latest approval the details of the property (block/plot/sub-plot) are correct.

1.1.23. The tax approvals required in the transfer of a right (chain of transactions) in cases where Rami is a party to the deed
A deed for sale/lease actions has been submitted for registration, in which Rami is a party to the deed as a seller or lessor, there to act as follows:

A. There is no need to present sales tax, sales tax and appreciation tax certificates.

b. Property tax certificates:
In a unit in a house registered as a condominium – there is no need to present a property tax certificate. When carrying out a transaction on the lot – when the lease contract between Rami and the purchaser of the right is later than January 1, 2000, there is no need to present property tax certificates. When the lease contract between Rami and the purchaser of the right is prior to January 1, 2000, a property tax certificate must be provided.

third. A valid certificate of the absence of debts from the local authority and a certificate regarding the improvement levy must be produced in which the name of the last purchaser of the right is stated in accordance with what appears in the deed, even if the seller indicated in the certificate is different from the registered owner.

d. It should be emphasized that nothing in this procedure is intended to detract from the validity of a lien registered in favor of the Tax Authority, and as long as such a lien is registered, it will not be possible to carry out the transaction without the approval of the Tax Authority or the deletion of the lien. In the case where the Israel Land Authority signed as seller or lessor. In cases where the Israel Land Authority has signed as agreeing to the transfer or the extension/amendment of lease terms, tax approvals are required as usual.

1.1.Sale by authority
Section 34 a. The Law of Sale, 1968, states, to say:
“If a property is sold by a court, enforcement office or other authority according to law, the ownership passes to the buyer free of any encumbrance, lien and right otherwise in the property, except for a right which, according to the terms of the sale, is not canceled and a right which is not used as a guarantee for a financial charge”.
Whereas, the transfer of rights must be conditioned by virtue of section 34 a. As with any other transaction, in the invention all the tax approvals are lawful.

1.1. Sale according to Section 34 A of the Sales Law – Obtaining Receiver’s Approval
As a general rule, the receiver is the long hand of the court and his role as receiver does not end as long as the transaction is not completed in the registry, hence the need to receive His consent to the transfer when the registration documents are not submitted by him.

1.1.How to submit orders/decisions/judgments issued by judicial courts
The land registrar will comply with each order/decision/judgment (below: “orders/order“) to be issued by the competent “court”, and can be registered in accordance with the rights and notes registered in the property, subject to obtaining approvals from the relevant tax authorities for the payment of taxes, fees and other mandatory payments Those imposed according to any law and in accordance with the registry procedures and instructions of any law.

1.1.26. Submitting orders at the registry offices

A. Judicial orders instructing the land registrar to perform a transaction registration operation will be submitted for registration in the original when they are signed with the seal of the court secretariat and the signature of an employee of the court secretariat.

b. As long as it is not a “mandatory order”, which includes the identification of the property, in addition to the order, an “application form for registration in real estate” must also be attached to the order. Signed by the submitter of the application and duly verified (in the case of a request to register a note regarding the appointment of a special position holder, it is sufficient to attach a letter from the special position holder that includes the details of the aforementioned property).

third. In the event that a warrant is submitted by the Israel Police and/or the prosecutor’s office, a photocopy of the original warrant may suffice, subject to the following conditions:

1 . Pass “d/order” received by the police – identification of the police officer according to a police officer’s certificate (unless the police officer is known to the land registrar as a police officer).

2. Ps”d/order received by the attorney’s office – confirmation by the attorney’s office that the ps”d/order came to them directly from the court and not through a third party.

1.1.26. Submission of warrants through the “Net Law” website – warrants that do not require an additional document to be attached to their registration
In coordination and cooperation with the administration of the courts, it was agreed that as of April 23, 2020, a warrant issued by a court The trial, and can be registered without attaching additional documents (for example: bill/application/tax payments/payment of fees, etc.), can be submitted to the land registry office as well Directly from the “Net Law” website, and this through the dedicated email boxes of the Land Registry Offices in Israel that appear on the “Net Law” website. [Examples of orders that can be submitted in this way: registration order/revocation of foreclosure, injunction/revocation of injunction, orders to register a note according to section 130 of the Land Law, 1969, etc.].
It should be emphasized that as part of the submission in this interface, the lawyer submitting the order is considered to be the one who declares that the order sent by him is the most recent order that exists, and that all the conditions established as conditions for the registration of the order, to the extent that they were established, have been met.
As mentioned, submission In this way it is intended for orders that do not need any additional documents to be registered, therefore it is sufficient that the order stipulates one instruction, which in order to carry out requires the attachment of additional documents, in order to prevent its submission through this interface, even regarding those instructions for registration that do not require additional documents.
Regarding orders requiring attachment of additional documents for registration Procedure 1.1.26.3 below.

1.1.26. Submitting orders as part of online submission
Sometimes attached to the request for registering a warning note or for registering a transaction are orders that are required for the requested registration. These orders can be submitted as part of online submission as detailed below:

A. As part of a request for the registration of a warning note or the registration of a note regarding the appointment of a special functionary, which is submitted as part of an online submission, a copy of the relevant order can be attached, subject to the stamp of an attorney “faithful to the source” on the order.
Regarding It is possible to accept the verified order as “true to origin” by the lawyer, whether it is signed with the stamp of the “net of the court”, whether it is signed with the seal of the court secretariat, or whether it is signed with the stamp of the enforcement and collection authority.

b. As part of the submission of a deed for the purpose of registering a transaction submitted via online submission, when the application for registration is based on a deed verified with an electronic signature, and the order was attached to support the application for registration (for example: when it is intended for the purpose of certifying an official – a guardian, an estate manager, etc., who will sign the deed on behalf of the transferor of the right/ the recipient of the right, or it is a decree attached to a deed of transfer in accordance with a judgment in the context of a divorce), because then a copy of the relevant decree can be attached, subject to the stamp of an attorney “faithful to the source”, on the decree.
For this matter The order can be received whether it is signed with the court net stamp, whether it is signed with the court secretary’s stamp, whether it is signed with the “interlocked tools” system stamp. of the Enforcement and Collection Authority and whether it is signed with the seal of a rabbinic court.
Attention that as part of the online submission of transaction registration, the file submitter declares, among other things, that the original order is in his possession.

c. As part of submitting an online application for the registration of a sales transaction that relies on an order, which is intended to replace the deed of sale, but in order to carry out the operation, additional documents must be attached (for example, a sales order in accordance with section 34a of the Sales Law, 5688-1968), because then a copy of The relevant order, subject to the stamp of a lawyer “loyal to the source”, on the order, and subject to the fact that the order will also be signed with an electronic signature by a lawyer (in the manner similar to the lawyer’s signature on a deed submitted for registration by online means). In this regard, the order can be received whether it is signed with the “net of the law” stamp, whether it is signed with the court secretary’s stamp, whether it is signed with the “interlocked tools” system stamp. of the enforcement and collection authority and whether it is signed with the seal of a rabbinic court. Attention that as part of the online submission of transaction registration, the file submitter declares, among other things, that the original order is in his possession. online in the “field” intended for the deed.For the sake of good order, it will be emphasized that the land registrar has the authority to demand additional evidence and documents to prove the authenticity of the order, as he deems appropriate under the circumstances of the matter.

d. For the avoidance of doubt, warrants can be submitted as detailed in this section also at the registry offices, but in such a case it must be verified that the submitted warrant is original, and bears the court’s stamp (as opposed to the “net of the court” stamp), and the signature of an employee of the court’s secretariat or a stamp A rabbinic court and the signature of an employee of the court, except when it is a decree attached for the purpose of registering a warning note or for the purpose of registering a note regarding the appointment of a special functionary, or when it is a divorce judgment, in which case a copy of the subject with an original “faithful to the source” stamp is sufficient. by a lawyer.

1.1.Registration of a transaction after the appointment of a special functionary

A. An appointee with a special role in the property (guardian, executor, receiver, liquidator, special administrator) prevents the owner of the land or the owner of a right in the land from making a transaction in the land without the approval of the special position holder.

b. A deed has been submitted for the execution of a real estate transaction by a person in a special position – an original order (signed with the seal of the court secretary) must be attached to the deed authorizing the holder of the position to sign the transaction deeds.
In online submission, the order will be attached in accordance with section a> “written declaration and undertaking of an attorney” for online submission of documents in ‘ above and also attached “1.1.26.3

1.1. רישום זכויות שעוקלו על שם משתכן
מדובר במקרים בהם עוקלו זכויות המשתכן בחברה המשכנת ו/או ברשות מקרקעי ישראל. בעת ביצוע הרישום מונעת הוראת סעיף 34 (ג) לחוק ההוצאה לפועל, התשכ”ז – 1967 את רישום זכויות המשתכן, וכן מנוע רשם המקרקעין מלרשום העיקול משום שצו העיקול מופנה לחברה המשכנת/ לרשות מקרקעי ישראל, ומכוון לעקל זכויות במיטלטלין (קרי: זכויות שאינן רשומות בפנקסי המקרקעין).
סוכם: רישום הזכויות על שם המשתכן במקרה זה יתאפשר במידה ובמעמד הרישום יומצא צו עיקול המופנה לרשם המקרקעין.

1.1. רישום בן זוג כשותף מלכתחילה עם בן הזוג האחר
חוק יחסי ממון בין בני זוג, תשל”ג – 1973 קובע שאם קיים רכוש על שם בן זוג אחד והוא נרכש בתקופת הנישואין, יהיה שייך במחצית חלקו לבן הזוג השני.

א. אם ניתן פסק דין הקובע שמחצית נכסי בן הזוג היו שייכים מלכתחילה לבן הזוג השני, לא יהיה צורך לדרוש המצאת אישורי המיסים רק כאשר מנהל מס שבח או היה צד בבקשה למתן פסק הדין הצהרתי.

ב. בכל מקרה אחר יש להפנות את מי שהמציא את צו בית המשפט למנהל מס שבח כדי שיכריע בסוגיית החבות במס.

1.1. סעיף 4א לחוק מיסוי מקרקעין (שבח ורכישה) תשכ”ג- 1963 – העברה אגב הליכי גירושין

א. סעיף 4א לחוק מיסוי מקרקעין (שבח ורכישה), התשכ”ג – 1963 , קובע לאמור: “העברת זכויות בזכות במקרקעין או בזכות באיגוד מקרקעין, הנעשית על פי פסק דין שניתן אגב הליכי גירושין, לא יראוה כמכירה או כפעולה באיגוד לענין חוק זה, בין אם היא העברה בין בני הזוג ובין אם היא העברה מהם לילדיהם…”.

ב. הסעיף מתייחס להעברת זכויות הנעשית על פי פסק דין המאשר הסכם גירושין/ התרת נישואין/ הסכם ממון שניתן אגב הליכי גירושין, אשר על כן, בהעברת זכות במקרקעין בין בני זוג לרבות בין בני זוג ידועים בציבור או מאותו מין או מבני זוג לילדים בנסיבות כאמור, אין צורך בהמצאת אישורי מס שבח, מס מכירה ומס רכישה.

ג. לשטרי העסקה יצורף פסק הדין/צו מקורי שניתן אגב הליכי הגירושין, כאשר הוא חתום בחותמת מזכירות בית המשפט או בית הדין מנפיק הצו. לחילופין, ניתן להגיש צו שהונפק ממערכת נט המשפט או כלים שלובים (רשות האכיפה) או חתום בחותמת בית הדין הרבני בצירוף המשפט “נחתם דיגיטאלית על ידי…) . על גבי הצו תוטמע חותמת “נאמן למקור” על ידי עורך דין.
אושר הסכם גירושין/הסכם התרת נישואין/הסכם ממון על ידי רשות מוסמכת – יצורף ההסכם המאושר.

ד. האמור לעיל אינו פוטר מהמצאת אישור על פי סעיף 54 לחוק מס רכוש וקרן פיצויים (במקרים בהם יש צורך בהמצאתו), אישור על פי סעיף 324 לפקודת העיריות וסעיף 21 לפקודת המועצות המקומיות.
כן אינו פוטר מהמצאת אישור על תשלום או פטור מהיטל השבחה על פי סעיף 10 (א) לתוספת השלישית לחוק התכנון והבנייה.

ה. העברת זכות כאמור, תדווח למיסוי מקרקעין (7/05).

ו. האמור לעיל, יחול על פסק גירושין שניתן מיום פרסום התיקון לחוק, ב – 8.1.92 ואילך. אם קיים ספק בדבר תחולת התיקון, יש לבקש הבהרה מרשות המיסים.

1.1. העברת מקרקעין במישרין מהבעלים ליורשיו של רוכש
ר’ סעיף 2.2.24.2

1.1. העברת זכות ישירות על שם יורש קטין

א. נפטר רוכש נכס והעברת הזכות מבוצעת ישירות על שם יורש קטין – די בחתימת אפוטרופסו הטבעי או מנהל העזבון (אם מונה), ואין צורך באישור בית המשפט לעסקה.

b. An application was submitted for the registration of her mortgage during the registration of the rights, as mentioned, one must proceed as follows: a warning note was recorded regarding the obligation to register her mortgage before the death of the testator – the signature of the natural guardian or the administrator of the estate (if appointed) is sufficient.
No comment was recorded or a note was recorded after the death of the testator – the approval of the court is necessary (2/02).

1.1. Merging parts of a right, registered in the name of the same person
When different parts (half, eighth, etc.) were registered in the name of the same person, regarding a certain property, at different times, there is no The registrar must merge the parts.
If the owner of the parts requests to merge them, the request can be granted after it has been made clear to the registrar that the ownership of all the parts belongs to the same person. In this case, a service fee will be charged.
The registrar may merge the parts on his own initiative if he finds that this is necessary for the efficiency of the registration in the register.
This activity will be given a tax’ A bill and in the essence of the action will be written: “Joining parts”.

1.1.Registration of transactions to which a government office is a party (as of 7.3.16)
It is possible to agree to a government office’s request to indicate its name as the owner of rights (for example: the State of Israel – the Ministry of Defense, the State of Israel – The Ministry of Internal Affairs and Communications).

1.1.Registration of real estate transactions and operations to which the Jewish Agency is a party

A. In the Law on the Status of the World Zionist Organization and the Jewish Agency for the Land of Israel, (Amended No. 1), Israel 1975, (S.H, Israel 760) it is established that “the Jewish Agency for the Land of Israel is an association Voluntarily independent, consisting of the World Zionist Organization and other organizations and bodies; It operates in the State of Israel in areas it has chosen with the consent of the government (section 2a of the law).
It is also established in the same law, that “the World Zionist Organization and the Jewish Agency for Israel, each of them is a legal entity and may enter into contracts , to acquire assets, hold them and remove them from her possession, and be a party to any legal and other negotiations. (section 11 of the law).

B. The amendments to the main law were made, at the time, in accordance with the “agreement to change the structure of the Jewish Agency for the Land of Israel”, which was signed on June 21, 1971, and therefore the amendments were also given retroactive effect from June 21, 1971.

third. Section 4.IIE of the agreement states that the management of the Jewish Agency for the Land of Israel is authorized to enter into legal contracts: the management can authorize one of its members to act on its behalf, in all matters under its authority: the board of trustees of the Jewish Agency can authorize a member of the management, as mentioned, to authorize, with the permission of a subordinate, any person, who is not a board member, to act on her behalf.

1.1. Exemption from tax approvals regarding transfers relating to the Jewish Agency
It is requested to act in accordance with the circular sent in this regard in accordance with the letter of Mr. Bondi Zadok, field manager in the Ministry of Finance, Tax Authority dated 07.07.2010. And it should be emphasized that the exemption from issuing tax certificates applies only to the Jewish Agency, which is exempt by virtue of the agreement between the Government of Israel and the Jewish Agency for the Land of Israel published on September 16, 1979, in a collection of publications no. 2565 Tshil’t in Am’ 2172 .
However, it should be noted that according to the same agreement as well as according to section 5B of the Municipal Taxes and Government Taxes (Dismissal) Ordinance, 1938 – the Jewish Agency is not exempt from producing a certificate regarding the absence of debts to the local authority and the improvement levy regarding The property is the subject of the transaction.

1.1. Signature rights – representatives of the Jewish Agency or representatives of the World Zionist Organization

A. In Circular No. 24/78 distributed by us, listed the names of the officials of the Jewish Agency who are authorized to sign, on behalf of the agency, requests to register transactions and operations in real estate as well as transaction deeds and other documents that must be attached to requests for registration.

B. In order to simplify the system and save precious time spent updating the lists from time to time and searching for the names of the signatories in old files stored in the registry offices, it was agreed, in the opinion of the Jewish Agency’s legal advisor, not to establish a new procedure, as detailed below:

1 . The authorized signatories will continue to sign the documents and bills submitted to the registry offices, in the designated place.

2. For each aforementioned document, which requires this, a statement from a lawyer on behalf of the Jewish Agency will be given confirming that the signatory is legally authorized to sign by the agency and is authorized to sign on its behalf the bill and/or the document that is the subject of the transaction.

third. With the activation of the new arrangement, the staff of the bureaus will no longer need the lists of authorized signatories on behalf of the Jewish Agency and will be content with the attorney’s verification of the documents, as detailed above.

d. The above shall also apply to the authorized signatories on behalf of the World Zionist Organization.

1.1. Registering transactions and actions in real estate that are the property of the Russian Church
r’ Section 1.1.39 below.

1.1.Actions on real estate owned by an ecclesiastical body

1.1.39. The documents required for the purpose of registering an action in real estate to which a party is an ecclesiastical body
This procedure will not apply to the Greek Orthodox Patriarchate. In cases where a party to a transaction or action is the Greek Orthodox Patriarchy as mentioned above, one must act according to procedure 1.1.39.2 as follows.

A. An applicant for registration in the property of an ecclesiastical body will be asked to produce, in addition to the documents necessary for the registration of the action, a lawyer’s certificate according to which the person who signed on behalf of the ecclesiastical body was indeed authorized to do so in accordance with the provisions of any law, including the rules and procedures of the relevant ecclesiastical body, and this in accordance with the “attorney’s certificate” form for carrying out an action that was condemned by an ecclesiastical body”.

B. The application, with its documents relevant to the registration of the action, will be forwarded from the registry authorities to the authorized advisor in the Ministry of Justice, and this will forward the application documents to the authorized authority in the church body for his opinion, that the person who made the commitment on behalf of the church body was indeed authorized to bind the body.

third. Upon receiving a written answer from the authorized body in the church body, or in the absence of a written answer, and after 90 days (in the transactions of the Armenian Patriarchate in Jerusalem as well as the Coptic Church – 14 days or 21 days according to the agreement with it), the consultant will send his position to the director of the bureau.

d. The director of the bureau will make his decision based on the answer of the qualified consultant. In the absence of a response from the authorized body within 90 days (in the transactions of the Armenian Patriarchate in Jerusalem and the Coptic Church – 14 days or 21 days according to the agreement with it) – the registration request will be rejected and the action file will be returned to the registration applicant.

God. In the case where the consent of an ecclesiastical body is required to perform an action, there is no need to attach to the necessary documents a lawyer’s approval as stated in section A. In this case, the consultant will deliver the documents necessary to register the operation and its relevant documents to the authorized party in the church body, along with a cover letter in which it will be noted that as long as the authorized party does not object to the requested registration action within 45 days of receiving the letter – the party will consider it as confirming that the person who signed the consent was indeed authorized to oblige the ecclesiastical body. In this case, to the extent that the authorized body’s response is not received within the aforementioned time period, the consultant will inform the director of the bureau that, even though 45 days have passed, no response from the ecclesiastical body has been received, and the director of the bureau will see the notification as confirmation by the ecclesiastical body that the person who signed the consent was indeed authorized to bind the ecclesiastical body , except in special cases that justify further investigation.

and. The above does not detract from the possibility that the consultant/director of the bureau will request additional information/documents/clarifications as needed, including in cases where the question of the identity of the body is ecclesiastical.

1.1.39. The documents required for the registration of real estate transactions to which the Greek Orthodox Patriarch/Greek Orthodox Patriarch is a party

A. Applicants for registration in the property of the Greek Orthodox Patriarch or the Greek Orthodox Patriarchate, will be asked to produce a certificate for registration from the Greek Orthodox Patriarch/Hepatriarch (in accordance with the wording existing in the above-mentioned bodies), this in addition to the documents necessary to register the action or transaction. (For the avoidance of doubt, it should be emphasized that this certificate replaces the certificate detailed in section 1.1.39.1 A’ above). In the event that the land is registered in the name of the Greek Orthodox Patriarch/Greek Orthodox Patriarchate, and the registrar finds that the transaction is valid for registration, the transaction or action will be registered, without the need to obtain an opinion from the authorized advisor at the Ministry of Justice. In cases where another body (other than the Greek Orthodox Patriarch/the Greek Orthodox Patriarchate) is listed in the registration form, the application with its relevant documents will be forwarded from the registration authorities to the authorized advisor at the Ministry of Justice, in order to determine whether it is an identical body to the Patriarchate or not. To the extent that he determines that it is the same entity as the aforementioned Greek Orthodox Patriarchy, it will be possible to carry out the transaction relying on the aforementioned approval. It will be emphasized that the production of the aforementioned approval is a condition for the registration, and as long as the aforementioned approval is not produced, the application will be rejected.

b. Despite what is stated in section A’ Above, in requests to register an action or transaction where only the consent of the Greek Orthodox Patriarch is required to perform the action (e.g. consent to the transfer of a lease), there is no obligation to attach the aforementioned approval to the necessary documents. However, to the extent that such approval is not attached, the request will be forwarded from the registration authorities to the authorized advisor at the Ministry of Justice, and the authorized advisor will forward the necessary documents for the registration of the operation and its relevant documents to the Greek Orthodox Patriarchate, along with a cover letter in which it will be noted that, as long as no reference to the registration action is forwarded within 14 days, he will notify So the authorized adviser to the registry office, and the action will be registered, as long as there is no other obstacle.For the avoidance of doubt, it should be emphasized that if the approval for transactions of this type was attached by the person submitting the application, (and the land is registered by the aforementioned patriarch or patriarch and not in the name of another party), it will be possible to carry out the operation without the need to obtain the reference of the authorized consultant.

third. For the good order residence, it should be noted that the consultant has the authority to request additional information/documents as needed, in cases where the question of the identity of the ecclesiastical body arises.

1.1. Entry in the registers according to a declaratory judgment
What is stated in section 123 (b) (2), that in the registers will be entered regarding the real estate judgments, decisions, orders, etc., refers for judgments that are enforceable. Such judgments can be registered even if in the body of the judgment the court did not order the registration and it is possible to submit them directly to the land registrar without having to carry them out through the execution.
Hence – that when a declaratory judgment given in a competent court is submitted for registration, which contains a vesting of rights, the registration must be carried out, as stated in the judgment, even if the judgment did not include an operative instruction aimed at this, and everything is subject to the production of the other documents and approvals required according to any law. Identification number, because then it must be examined whether the declaratory judgment refers to identification, and to the extent that identification procedures must be carried out as a condition for carrying out the registration, on the basis of evidence that the registration applicant must provide.

1.1. A real estate transaction to which a foreign country is a party
When a representative of a foreign country in Israel requests to sign a deed of transaction on behalf of the foreign country, it is necessary to attach to the request to register the transaction – in addition to the other documents that are necessary for this – Also:

A. A document indicating that the authorized authority in the foreign country has indeed given permission to its representative in Israel
to carry out the transaction that is requested to be registered.

B. Confirmation by the Ministry of Foreign Affairs in Israel, that the person who is about to sign the transaction deed, on behalf of the foreign country, is indeed trained in Israel as a representative of that country: and that the document that includes authorization for the representative to carry out the transaction, on behalf of the foreign country, was indeed issued and signed by the authorized authority in the foreign country.

1.1. Coordinating a date for approval of transactions and marking in the registration
cancelled.

1.1. Signing of transaction deeds at the land registry office

A. The land registrar, or an employee authorized by the registrar’s powers, will check the application and the documents attached to it and find out if the transaction is valid for registration and if the data in the registers allow its registration. Photographs of the parties’ identity cards will be attached to the documents needed to register the transaction.

B. Realizing that the parties are entitled to carry out the transaction and that there is no obstacle to its execution and registration, he will sign the parties on the deed of transaction and verify their signatures with his hand signature – after identifying them according to original identification documents, he explained to them the essence of the transaction they are about to execute and the legal consequences arising from it, and after being convinced That this was properly understood and that they sign voluntarily, as stated in regulation 12 (b) of the real estate regulations.

third. A deed of transaction has been signed and authenticated as stated in regulation 12 (b) of the real estate regulations, the registrar will approve the transaction for registration, will forward it to audit and if the transaction is found to be valid for registration, the transaction will be recorded in the register.

d. After the transaction is registered, a signed confirmation will be issued with an approved electronic seal that includes the details
of the transaction deed. The confirmation will be sent to the e-mail box of the file submitter according to the details provided by him when submitting the application file. As of January 21, 2018, the file submitter will not be sent a signed copy of the transaction deed.

e. As a general rule, the signature of one party should not be verified without the presence of both parties and their signatures on the deeds of employment at the same time. and in justified circumstances.

1.1. Signing transaction documents before a lawyer

A. Parties to a transaction can appear before a lawyer, so that he signs them on the deed of transaction and verifies their signatures after he has identified them, explained to them the nature of the transaction they are about to execute and the legal consequences arising from it, and after he is convinced that this has been properly understood and that they sign voluntarily, as stated in Rule 14 (a) ) to the land regulations (management and registration), nine” in 2011.

B. The lawyer will confirm that he has checked the details appearing in the transaction deed and the documents attached to it as stated in regulations 9 and 10 of the Real Estate Regulations (Management and Registration), nine” of 2011, and that they are appropriate and appropriate for the requested transaction, as stated in Regulation 14 (b) of the Real Estate Regulations (Management and Registration), Nine” in 2011.

third. The lawyer will attach the bill to the other documents and submit them close to the verification date along with a photo of the ID card of the applicant for registration. Exception to this – the seller’s attorney to the registry office and if it was indeed decided to exempt from producing an identification document for this reason, this will be noted in the file’s cover. The registrar may request a photocopy of the parties’ identity cards or another identification document for his opinion.

d. Verification of signatures on a transaction deed, in front of a lawyer, should not be considered as confirmation of the transaction for registration. The approval of the transaction for registration is done by the land registrar – after the verified deed has been delivered to him, attached to the registration request and the other necessary documents and approvals. The registrar will find out if the transaction is valid for registration and if the data in the registers allow its registration.
The registrar sees that there is no obstacle to registration, will approve the transaction and submit it for audit and if it is found to be valid for registration, it will be entered in the register as stated in regulations 14 (d) and 14 (e).e.

God. Hence, if between the day the signatures are verified by the lawyer and the day the deed is submitted for registration, an event occurs that prevents the completion of the transaction – such as the entry in the registers of a foreclosure order or a restraining order regarding the same right, then the registrar is prevented from confirming the transaction for registration.

and. The signing of a deed by a lawyer, as stated in regulation 14 of the real estate regulations (management and registration), can be done in one of the following ways:

(1) The signature of the 2 parties in one position before the same lawyer.

(2) The signature of the 2 parties who are not in the same position before the same lawyer.

(3) The signature of the parties by two lawyers, with each lawyer separately verifying the signature of another party.

(4) The signing of one side by a lawyer and then the signing of the other side by the land registrar. Verification of each party’s signature.

G. After the transaction is registered, a signed confirmation will be issued with an approved electronic seal that includes the details of the transaction deed. The confirmation will be sent to the e-mail box of the file submitter according to the details provided by him when submitting the application file. As of January 21, 2018, the file submitter will not be sent a signed copy of the transaction deed.

1.1. Validity of a signature on documents after some time
Rule 14(c) of the Real Estate Regulations (Management and Registration), nine” of 2011, states that after a transaction deed has been verified by the lawyer , it will be submitted to the registrar with the registration request and the rest of the documents “soon after the verification date” and up to one year from the date of signature verification.
In regards to a request to cancel a mortgage submitted on behalf of a bank as stated in Rule 71 (b)(2) of the Real Estate Regulations (Management and Registration), the cancellation of the registration of the mortgage can be approved even after a year has passed from the date of verification The signature on the deed.
In any case, it is important to emphasize that the land registrar has discretion regarding the validity of signature verification on transaction deeds.

1.1.Submitting a photocopy of ID card. of the file submitter and the parties to the transaction
Each file submitted to the registry office must be accompanied by a photo of the file submitter’s ID card or a valid law practice license (a license valid for the previous year can suffice).
An exception to this – the seller’s attorney to the registry office, and if it was indeed decided to exempt from producing an identification document, for this reason, this will be noted in the file cover. In certain cases, a registrar may condition the submission of the transaction deed for registration, upon receiving a photograph of an identity card or other identification document at his discretion, of the parties to the transaction.

1.1.Rejection of a transaction that was not found to be valid for registration

A. The application and the documents attached to it were examined and it was found that the transaction is not eligible for registration – the documents will be returned to the applicant, with comments regarding the reason for preventing the transaction from being carried out and registered. The comments will be as clear and detailed as possible, unless it is a request with multiple fundamental deficiencies; In this case, the deficiencies will be detailed as much as possible in an addendum with a note that the application does not comply with the provisions of the Real Estate Law 1969-1969 and the regulations pursuant thereto.

B. Once the necessary for the execution of the transaction and its registration has been completed, the applicant can contact the transaction examiner again after prior coordination and submit the request for document review along with a re-application fee, for approval of the transaction and completion of the registration.

1.1. Approval of the transaction and completion of the registration

A. The transaction deed was signed at the land registry office and verified as stated in regulation 12(b) of the land regulations (management and registration). The registrar, or an employee authorized by the registrar’s powers, will approve the transaction for registration, forward it to audit, and if the transaction is found to be valid for registration, it will be recorded in the register. After the transaction is registered, a signed confirmation will be issued with an approved electronic seal that includes the details of the transaction deed. The confirmation will be sent to the e-mail box of the file submitter according to the details provided by him when submitting the application file.

B. A transaction deed signed and verified by a lawyer as stated in Rule 14(a) and approved as stated in Rule 14(b) of the Real Estate Regulations (Management and Registration) has been submitted for registration – the registrar or an employee authorized by the registrar’s powers will check the application, the transaction deed and the documents attached to it, and find out if the transaction Qualified for registration and if the data in the registers allow for its registration.

third. In the presence of the registrar, or an employee authorized by the registrar’s powers, that the parties are entitled to carry out the transaction and that there is no obstacle to its execution and registration, will approve the transaction for registration, forward it to audit, and if it is found to be suitable for registration, it will be entered in the register and a signed confirmation will be sent similar to section A’ above.. Starting from 01.21.2018, the file submitter will not be sent a signed copy of the transaction deed.

1.1.Reuse of documents from completed action files
When an action has been registered, one or more of whose documents are to be used for additional records as well, and the file submitter requests to keep copies of the original document, the bureau’s seal will be stamped on the copy attached The text “The original is in the file/bill _____”. To the extent that this copy (bearing an original stamp of the registry office) is submitted in subsequent transactions, the established rules regarding original documents will apply to it. does not bear a stamp as mentioned, it will be possible to indicate on the copy the number The action deed in which the original document is found, and as long as the document is found to be appropriate and valid, it can be considered as a source for the purpose of performing the action.

1.1.Registration of sale in Israeli lands

A. Registration of sale in Israeli land will be done in accordance with the “Deed of sale in Israeli land” In the wording that appears on the Authority’s website.

b. You can refer to the instructions for registration mentioned on the website of the Authority and the Israel Lands Authority.

third. Registration of the right of ownership “Deed of sale in Israeli lands” It will be possible both in the conversion of lease rights registered in the land registers to the right of ownership and in the framework of registration of ownership as the first registration of rights.

d. The signature of the Israel Lands Authority on the deed as a seller makes it unnecessary to submit the certificates of payment of appreciation tax, sales tax and purchase tax required for the purpose of registering a transaction as stated in section 1.1.1 a(4) ), (5). (Update of 01.12.18)It should be emphasized that this does not detract from the validity of a lien registered in favor of the Tax Authority, as long as such a lien is registered, it will not be possible to carry out the transaction without the approval of the Tax Authority or the deletion of the lien.< /span>

e. When making a transaction in an apartment in a shared house or in an apartment that should be registered as an apartment in a shared house, there is no need to present property tax certificates.
When making a transaction in the rights to the lot, in which no transaction was made after 1.1.2000, a certificate must be presented to the Land Registry Office Absence of property tax obligations, as a condition for carrying out the transaction.

and. As part of the registration of ownership as the first registration of rights, it is required to produce a valid certificate of the absence of debts from the local authority and a certificate regarding the improvement levy in which the name of the purchaser of the right is indicated according to what appears in the deed.

G. Signature in the name of the buyer on the “Deed of Sale in Israeli Land” Requires a power of attorney that includes explicit permission to register ownership.

H. Comment According to Section 49 of the Law, the Israel Land Authority will be registered according to the type of action as indicated in the “Deed of Sale in Israel Lands”.

1.1.Reporting to the settlement official on the registration of real estate transactions for which a license was granted by the settlement official
in properties where there is a settlement freeze, and a request is submitted to the registrar to register an action (with the exception of actions of taxation or seizure orders, etc.) ;, expropriations and operations in apartments registered in a condominium), the approval of the settlement official is required through the form “Request to Permit a Transaction at the Land Registry Office”, according to the instruction of Section 36 of the Ordinance on Settlement of Rights in Real Estate [new version], 569-1969.
After carrying out any transaction or operation in unregulated real estate, in which there is a freeze on the settlement, the land registrar will transmit to the settlement official a confirmation of the execution of the transaction or registration. to happen when the settlement procedures are completed and the rights in the land are registered in the register of rights.

1.1.Transactions in real estate located within the borders of the green line

A. There are real estate registers, where real estate is registered, all or part of which is beyond the green line – outside the borders of the State of Israel.

b. The rule is that when a request is submitted to the land registrar for the provision of any service regarding real estate that is not within the boundaries of the State of Israel – the registrar is precluded from needing the request, since he is not authorized to act according to the laws of the State of Israel regarding real estate to which these laws do not apply. In such a case, the applicant should be referred to the Real Estate Registration Department at the Civil Administration.

c. When there is doubt as to whether real estate adjacent to the green line is within the boundaries of the State of Israel – confirmation must be obtained from the district surveyor at the Israel Mapping Center that the said real estate is indeed within the boundaries of the state. , the applicant for the service must be directed to the settlement official – to obtain permission, as required in section 36 of the Land Rights Settlement Ordinance – and the settlement official will confirm whether the said real estate is indeed located within the state, relying on the approval of the district surveyor at the Israel Mapping Center.

1.1.The wording of the answer of the Israel Mapping Center regarding real estate located within the borders of the green line
After the location of the land is checked by the district surveyor, you will send the registrar – as soon as possible – an answer to the merits of the matter.
It was agreed with the management of the Israel Mapping Center, that an answer to the registrar’s request as mentioned above would be in one of the following formats:

A. The real estate described in the documents attached to your letter no. _____ from _____ are in their entirety in the _____ district (Jerusalem, Tel-Aviv, the center, the south, Haifa, the north – depending on the matter).

B. The real estate described in the documents attached to your letter no. _____ from _____ are not in the district of _______ (the implication of this is that the real estate is within the scope of

c. We do not have accurate data to determine with certainty the location of the land described in the documents, which were attached to your letter no. ______ dated _______.
(In such a case, the land registrar will forward the application for registration, together with the documents attached to it, to the management of the Authority for Registration and Settlement of Real Estate Rights – for further clarification and to provide an answer to the applicant).

d. Some of the real estate described in the documents attached to your letter no. ______ of _____ are outside the jurisdiction of the office of ____ district_____.

1.1.Real estate transactions where there is no knowledge of their location

A. If the answer of the district surveyor at the Israel Mapping Center is that, due to lack of knowledge of the location of the land, or for some other reason, there is no certainty that all or part of the plot is within the territory of Israel, it is possible to approve the execution of the transaction or operation, after the transferee produces an affidavit stating:

(1) Because he knows the details of the registration of the real estate in the deed register (old method).

(2) Because he knows that the registration is not based on a legally approved plan and that the location of the land is unknown.

(3) That he agrees to accept the transfer of ownership (or the other right) in accordance with the existing registration, while clearly knowing the lack of an approved plan and not knowing the location of the real estate.

(4) Because he knows that if it turns out that the real estate is located outside the borders of Israel, the transaction or action carried out is invalid, due to lack of authority.

B. In the property description column in the transaction deed, it will be written: “The location of the property is unknown”.

third. If such a transaction or action is approved, it will be recorded in a note book according to which “the location of the land is unknown”.

1.1. Transactions in the land crossed by the green line
When the owner of a plot, part of which is outside the territory to which Israeli law applies, requests to register a transaction, the case will be forwarded to the Authority’s management for handling instructions.

1.1. Transfer of a property subject to its mortgage
The ownership or lease of the property is transferred when the transferee accepts the mortgage of the transferor’s predecessor, i.e. – a transfer subject to its mortgage, with all the required agreements appearing on a document known as the “declaration letter” ; given by the mortgagee and attached to the deed of transfer.
It was agreed: in the aforementioned cases, the deed of transfer should be considered an integral part of the deed, and if requested – it can also be stamped with a fan stamp between the two documents.

1.1. Postal Authority – transfer of assets and exemption from fee
Transfer of assets, rights from the state to the authority

A. Section 112(b) of the Postal Law, 1986, states that “notwithstanding what is stated in any law or agreement, and subject to the provisions of the State Assets Law, 1951, it is permitted, in the agreement, with the approval of the Minister of Finance, to transfer to the Authority the The rights of the state, all or part of them, in the assets that were at the disposal of the Ministry of Communications for the needs of the services that will be provided by the authority…”.
The agreement for the transfer of assets was signed between the state and the postal authority on 3/23/87. a>
The order of the Postal Authority (assets and claims transferred to the Authority), 1987, published in regulations file 5023 of April 1, 1987, instructs that the Postal Authority will come instead of the state regarding assets, engagements and transactions mentioned in the agreement for the transfer of assets.The registration of the transfer of the state’s rights to the postal authority will be carried out based on lists that will include, similar to a transaction deed, details regarding the transferred assets.< /span>
This provision therefore constitutes an exception to the prohibition in the Basic Land Law of Israel.

b. In section 112(c) of the law it is established that the transfer of rights to the authority according to the agreement to transfer assets or the registration of the rights in its name, are exempt from payment applicable according to any law or agreement on such transfer or registration, the Minister of Finance may by order exempt the authority from payment of fees, stamp duty, taxes and any Other mandatory payments involved in the execution of the agreement for the transfer of assets, all or some of them.
And indeed, in section 2 of the Postal Authority Order (Exemption from Taxes and Fees) 1987, published in Regulations File 5021 of 4/1/87 – Mitzvah Shar The Treasury that the Postal Authority will be exempt from paying fees, stamp duty, taxes and all mandatory payments involved in the execution of the agreement for the transfer of assets.

c. It is therefore necessary to act in accordance with the provisions of the aforementioned laws when the requested service involves the execution of the agreement for the transfer of the state’s rights, in the assets that were at the disposal of the Ministry of Communications for the purposes of providing postal services, for the provision of services to the stamp service and the provision of services to the postal bank, from the state’s name to the postal authority (MK’ 7/89 ).
Transfer of assets and rights from the authority to the state as well as a transfer from the state or the postal bank to the company

A. Section 115a(b) of the Postal Law, 1986, states that “all the assets, debts and liabilities that existed on the eve of the Authority’s commencement day shall be effective on the State’s commencement day”.

B. Section 115b of the Postal Law, 1986, states that “notwithstanding what is stated in any law or agreement, and subject to the provisions of the State Assets Law, 1951, it is permitted in the agreement, with the approval of the Minister of Finance, to transfer to the company the rights of the state, all or some of them, in the assets transferred from the authority to the state according to the provisions of section 115a, and which are necessary for the provision of the services that will be provided by the company according to the provisions of this law (herein – an agreement for the transfer of assets)”.

third. The registration of the acquisition of legal rights from the Postal Authority to the State of Israel and the registration of a lease to the Israel Post Company will be carried out by means of a designated and agreed deed according to which both actions will be carried out.

d. The postal decree (transfer of rights, obligations, obligations and claims from the state to the company and the postal bank to the company), 2006, published in the file of regulations 6466 of the 2006 of March 1, 2006, instructs that the company will come instead of the state regarding the agreements, engagements and transactions mentioned in the agreement for the transfer of assets. “.

God. In section 115 c of the Postal Law, 1986, it is established that the Minister of Finance may establish an exemption from mandatory payments due to the transfers. And indeed, in section 2 of the postal regulations (exemption from taxes, fees and other mandatory payments), 2006, published in regulations file 6484 of May 11, 2006 – the Minister of Finance orders that the authority and the company are exempt from paying fees, taxes and any other mandatory payments involved in the execution of the agreement to transfer property.

and. Yes, the Minister of Finance stated, in Section 2 of the Postal Regulations (Tax Instructions), 2006 (K’t 6484 of May 11, 2006), that despite what is stated under the Real Estate Taxation Law, the transfer of an asset that is a right in real estate or a right in a real estate association from the state The company will be exempt from purchase tax.

G. Section 115f1 of the Postal Law, 1986, states that the provisions of section 115c shall apply, with the required changes, also regarding the transfer of activity, assets, debts and liabilities from the authority to the subsidiary (as defined in section 881(a)(b) of the aforementioned law).

1.1.General Permit – Regulation 11(a) of the Land Regulations (Management and Registration) Nine” in 2011

A. Regulation 13 of the Real Estate Regulations (Management and Registration), 55 of 1969, stipulated that:
If the existing registration of real estate is not based on a legally approved plan according to the planning law or according to the surveying regulations (surveying and mapping ), nine” and 2016 (hereinafter – the surveying regulations), a plan prepared and signed by a surveyor as defined in the surveying regulations or approved according to the planning law, as well as inspected and approved in accordance with the provisions of the surveying regulations, shall also be attached to the deed. An inspector may exempt an applicant from this obligation.< a i=2>A provision in this spirit exists in regulation 11 a of the land management and registration regulations, nine” in 2011.

B. Pursuant to his authority under Section 118(b) of the Land Law, 1969 and in order to simplify the procedures, the Commissioner of the Registry decided to exempt the applicant from attaching a plan, as stated in Rule 13 (and 11(a)) above, and this is subject to the production of an affidavit for the purpose of exemption from a map, signed by the applicant.

third. In light of this, the transaction documents will be submitted together with the affidavit, as mentioned above, directly at the Land Registry Office (95 \ 1) (2014 update).

1.1. Registration of cautionary notes in relation to the portion of the real estate and approval of transactions subject to cautionary notes

1. If a request is submitted for the registration of a warning note regarding an obligation to make a transaction in an unspecified part of the land, and in the document of the obligation and in the application for registration of the warning note, the part that is the subject of the obligation is specified – the part will be specified in the registration.

2.

(1) A warning note has been registered for an obligation to make a transaction in an unspecified part of the land, there is no obstacle to approve a transfer of ownership or lease to another in the same land in an unspecified part, provided that the obligor registers, as a surplus, enough parts to carry out the transaction that is the subject of the aforementioned warning note.

(2) A large number of warning notes were registered on the same real estate as stated above, the transaction can be confirmed by relying on a lawyer’s affidavit. a>
Before approving the deal for registration, the land registrar, or someone authorized by him, will conduct a sample inspection of the warning note files.

3. A warning note has been registered regarding an obligation to make a transaction in a certain part of the real estate, it is not possible to approve a transaction of transfer of ownership or lease to another in the same land except after receiving the consent of the person entitled according to the warning note, provided that the deed of the transaction states “subject to a warning note”.

4. In this section, a combination agreement – an owner’s commitment to transfer an unspecified part of his rights in the land to the apartment builder (the contractor) in exchange for a part of the apartments.
Warning notes regarding an obligation to make a transaction have been recorded based on the combination agreement, a transaction of transfer of right can be approved the owner of the same real estate from the owner to the contractor relying on an affidavit and inspection as stated in section b(2) provided that the transaction deed stated “subject to cautionary notes” .

1.1.How to submit multi-owner/obligor/beneficiary cases (project procedure)
Due to the momentum of urban renewal processes, and the many cases in which multi-owner or purchaser action cases are submitted, there is a need to establish procedures aimed at optimizing and to shorten the duration of handling these cases.

A. Definitions:

1. “project” – Real estate transaction” in which at least seven owners/obligors/beneficiaries participate.

2. “Lead file”- A file that contains all the documents necessary to carry out all the future registrations requested (warning notes or all the registrations until the rights are transferred). The leading case will receive a bill number and will be scanned according to the instructions below.

3. “the presenting attorney” – The lawyer who submitted the case and who handles the project and its registration.
Up to five “submitting lawyers” must be determined. defined, which will be defined in advance by the file submitter in a letter accompanying the first request.

4.

5.

B. Instructions regarding how to submit a lead file at the registry office, and how to submit additional files in the project

1 . When submitting the registration documents as part of a project, all the core documents used for the purpose of carrying out the requested actions (transactions or warning notes only), such as: powers of attorney, corporate documents, identity cards, passport photos, court approvals, letters of consent, etc., will be attached to the first file that is submitted. ;. This case will be determined as a “leading case”.

2. After the “leading case” is approved, the file submitter will be presented with a certificate of execution of an action and/or a signed bill as the case may be, as well as an “Appendix A” form. – Confirmation of depositing documents for a leading case – warning notes only” or Form “Appendix in’ Confirmation of depositing documents for a leading case – transactions and warning notes” As appropriate, signed by the registry office. On the form, the carrier file number (bill number) will be indicated and the documents checked in relation to the actions requested in the carrier file will be listed. ; of the registry office.

3. After the issuance of the aforementioned form, it will no longer be required to attach the documents specified in the form in order to perform another action or transaction in the project, identical in essence to the action or transaction that is the subject of the leading case, and it is sufficient that the aforementioned form be attached to the deed or request (it goes without saying that tax approvals must be attached in accordance with the law).

4. The leading case can only be submitted by filing at the office. The additional files in the project (which will be submitted via a bill/application and the form as mentioned in section 3 above), can and should be submitted through the online interfaces. In order to optimize the work and the inspection, it is necessary to make sure to send up to five operations (transactions/requests) in each online file that is submitted. “faithful to the source”, depending on the matter.

third. Emphasis regarding the documents of the leading case and the form that will be issued

1 . The examiner of the transactions will indicate on the form the names of the senders in the power of attorney, and the name of the third party beneficiary of the power of attorney. In the event that the power of attorney includes authorization to transfer to another (third party/buyers of apartments from the developer/at his command, etc.), this will be indicated in the form.

2. In addition, the transaction examiner will indicate on the form whether the power of attorney also includes authorization to register its mortgage and/or an obligation to register its mortgage. For the sake of good order, it will be emphasized in this regard, that insofar as the power of attorney of the owner and/or obligees has not been granted, express permission to register its mortgage and/or commitment to register its mortgage (but only permission to transfer ownership/lease/register a warning note regarding a transaction), because then it is not possible A power of attorney shall be used for the purpose of registering the mortgage, except in the case where it is requested to use such power of attorney (given by the owner and/or the obligors), for the purpose of registering the mortgage or an obligation to register the mortgage in respect of a loan taken by the purchaser.

3. As long as it is a general power of attorney, the examiner of the transactions will indicate this on the form and add the date of his signature.

4. To the extent that there are additional approvals required for the registration of the leading case (court order, decisions of an inspector/registrar, letters of consent, inheritance orders, etc.), the transaction examiner will indicate this on the form.

d. Updates in leading cases – “corrected approval”

1 . During the period, until all the registrations in the project are completed, there may be changes that are also relevant to the future registrations in the project, such as: changes in the names of corporations, mergers between corporations, appointment of guardians, registration of inheritances and wills, etc.

2. As documents indicating changes that affect future registrations are submitted, the relevant form will be updated (as detailed in section b above), by producing a new form, to which will be attached (with the bureau’s fan stamp) the form approved and signed by the bureau (this approval will constitute an “approval” Corrected”. The amended approval must be attached to any additional file submitted within the project as detailed above.

1. Sharing in real estate

1.2.sharing relationship

1.2.1.Partnership agreement – creation of tax certificates
Partnership agreement according to which each of the co-owners will have an exclusive right of possession and enjoyment, in certain
parts of the joint real estate – can be registered .
This procedure distinguishes between cases in which it is not necessary to submit tax certificates and it is sufficient to submit an affidavit as detailed
below, and cases in which it is required to submit tax certificates.

A. Cases in which an affidavit from a lawyer or one of the parties to the sharing agreement can be satisfied regarding
the nature of the sharing agreement without the presentation of tax certificates:
In the following cases, there is no need to provide the registration office with tax certificates at all , provided that an affidavit signed by a lawyer or one of the parties to the partnership agreement is attached, indicating that this is one of the cases >as follows:

1 . Registration of a sharing agreement with which there is no consideration, which includes a division into up to 4 housing units in a plot of up to one and a half dunam, and there is a match between the parts registered in the land register and the deed and the agreement.

2. Registration of a sharing agreement signed as part of purchasing group transactions, which was signed at the same time or before the purchase of the rights in the land by the members of the group.

3. Registration of a sharing agreement that does not include the acquisition of a unique possession or the attachment of construction rights (such as:
an agreement that establishes management instructions for the land).
In these cases, and subject to the submission of the aforementioned affidavit, no Certificates of the absence of debts and the improvement levy from the local authority will also be required.

b. In cases that do not fall under one of alternatives 1-3 above, tax certificates must be submitted as a condition for registering the sharing agreement, with the exception of a property tax certificate which is not required. itself and the documents attached to it, an affidavit from a lawyer or one of the parties to the partnership agreement must be attached indicating (by marking the fourth alternative in the affidavit) that the partnership agreement submitted for registration in the registers The real estate is identical to the agreement reported to real estate taxation and corresponds to the approvals given following the report, and which are submitted to the registry office as part of the registration of the agreement. For the avoidance of doubt, there is no need for the tax authority to sign the draft or the agreement itself. 0 or 1, certificates of absence of debts and improvement levy from the local authority will not be required either. In any other case, these permits will be legally required.

1.2.1.Registration of a warning note regarding a sharing agreement
A sharing agreement, as defined in section 29 of the Land Law, 1969, defines the use and management of real estate between partners, and does not have the power to circumvent the limitations of general and legal law The planning (R.A. 269/74 Bukovza v. the Commissioner of the Registry P.D. 29(1) 243), while the registration of a warning note in accordance with section 126 of the Land Law, 1969 – 1969 is carried out based on a commitment to make a deal or to avoid paying it.
A sharing agreement as defined does not embody an obligation to make a deal in real estate, therefore it is not possible to register a warning note about it; At the same time, if the agreement between the partners includes a commitment to make a transaction in real estate, which allows the registration of a warning note, it can be registered subject to the conditions of section 126 of the Real Estate Law. It should be noted that sharing agreements often contain an obligation to refrain from making a transaction, for which a warning note about refraining can be recorded. In any case, the words “for a sharing agreement” will not be indicated next to the comment.

1.2.1. Registration of a sharing agreement

A. Registration of a partnership agreement will be done based on a request signed by all the partners in the real estate subject to the agreement and their signature confirmed as a way to verify a signature on a transaction deed as stated in Rule 40 (a) of the Real Estate Regulations (Management and Registration), 9″ in 2011. Chapter C instructions Sign A’ The real estate regulations will apply to the registration of a sharing agreement, with the required changes.

B. The following will be attached to the application:

(1) The partnership agreement is signed in the original by all the partners (without the obligation of verification, as mentioned).

(2) Confirmations of the mandatory payments as detailed in directive 1.2.1.1 subject to the sharing agreement.

(3) The plot of land is signed by all parties and certified by a certified surveyor.

(4) Additional documents depending on the circumstances, at the registrar’s discretion.

third. Encumbrances/notes were registered on the real estate subject to the agreement – one must follow the same procedure as a transferee for registering a transaction on real estate.

d. Additional documents – as needed and according to the matter.

God. Before the registration is approved, the agreement must be submitted for inspection by the land registrar or a person authorized by him for this matter.

1.2.1.Judicial orders ordering the registration of a sharing agreement in the shared property plot

A. It seems that, in light of Section 56 of the Land Law, 1969, a decision of a court or tribunal ordering the registration of a “partnership agreement” Between two apartment owners, the essence of which is the division of possession or the use of the shared property in the house, between the parties to the procedure – cannot be registered.

b. If an order is received according to Section 130 of the Land Law, 1969-1969, ordering the recording of a note regarding the sharing agreement – a note will be recorded, but on the apartments of the parties to the procedure or the apartments that a court determined in the judgment, since this is a judgment given in a dispute between one apartment owner and another , when the other apartment owners of the house were not a party to the same procedure, and they were not given the opportunity to assert their arguments and which may affect their rights in the joint property (PM 4.1.11).

1.2.The dissolution of the partnership

1.2.2. Registration of a condominium during the dissolution of a real estate partnership

A. In section 42 of the Land Law, 5779 – 1969, it was established: “If the main part of the joint real estate is a house that deserves to be registered as a joint house, the court may, after receiving an opinion from the inspector, order the dissolution of the partnership by way of registering the house in the register of joint houses and allocating apartments to the partners according to their parts”.

B. In accordance with the provisions of Rule 42 of the Land Regulations, the inspector will give his opinion as stated in Section 42 (a) of the law, after they have been presented to him for his opinion, by both parties or the interested party:

(1) The decision of the court in which the opinion was requested.

(2) The blueprint of the house is approved by a planning institution or another blueprint that gives a faithful picture of the house and its apartments.

(3) Any other document necessary for him to issue the opinion.

c. After the inspection, the inspector will send his opinion, along with a copy of the application to the Court of Appeals, regarding whether or not the house is worthy of being registered as a condominium and will attach a copy of the deed. The court’s attention to the fact that this must be done in agreed regulations, with the consent of the owner.It will be clarified that there is no place to invite the inspector for an investigation on such an opinion because he does not serve as a “witness” in full duty.

d. The proposed division was approved by the court and a division order was issued and the order was submitted for registration in the register of condominiums – a file must be opened and the request handled as a normal request except that a formal request is not necessary.

God. The inspector’s order will be prepared as usual.

and. The ownership of the apartments will be registered, in accordance with their allocation according to the court order, which will serve as a reference for the registration of the ownership, subject to the production of certificates for the legally required payments. When it becomes clear that there is an obligation to pay them or make them up.

1. Rights in other people’s lands

1.3.rent

1.3.1.Registration of a lease in an unspecified part of one of the partners
It is possible to register a right of lease in an unspecified part of one of the ownership partners, this without specifying or defining the leased area.

1.3.1.A tenant who becomes the owner of a property
The assimilation of the right to rent to the right of ownership will be possible if the transfer is complete and without its mortgage.
If the rent is subject to its mortgage or another encumbrance and the tenant becomes To become the owner of the property – the lease is not canceled automatically, except with the consent of the mortgagee or the lien holder.
No fee should be charged for this action since the right to rent is incorporated into the new right – ownership.

1.3.1.Transfer of tenancy right by inheritance
If an application for registration of inheritance is submitted and in the land register a tenancy right is registered in the name of the testator – it must first be checked whether according to the terms of the lease the lessor can cancel it due to the death of the tenant or due to an event resulting from the death of The tenant, or the lease is void upon his death:

A. When there is a condition in the terms of the lease, that upon the tenant’s death the lease will be canceled, and an application has been submitted for the registration
of the inheritance, one must proceed as follows:

(1) The inheritance must not be registered and the application must be returned to the person who submitted it along with the explanation.

(2) On the other hand, if the lessor’s consent to the continued existence of the lease is attached to the application for inheritance registration, the lease will not be canceled and the inheritance will be registered as requested.

B. When the lease is registered in the name of two spouses and in the terms of the lease there is a condition that says: “In the death of one of the heads of the family, the current lease contract will be canceled in relation to the deceased and will remain in force in relation to the other head of the family who will remain alive”, the following should be done:

(1) If the surviving spouse wishes to register the lease of the deceased spouse in their name, the consent of the landlord and the main lessee (if any) must be obtained, and the lease will be registered in the name of the surviving spouse.
Note: The aforementioned usually refers to sublease contracts made by cooperative societies as primary lessees from the Israel Lands Authority.

(2) If the heirs of the deceased wish to register the inheritance, then in addition to the consents required from the owner
of the land and the main lessee (if any), the consent of the surviving spouse must also be obtained.
(3) In all the cases mentioned above, the fee stated in Section 3(f) of the Addendum to the Land Regulations (fees) will apply, and no tax approvals should be required.

c. As stipulated in Rule 19 of the Real Estate Regulations (Management and Registration), Nine” of 2011, if according to the terms of the lease the lessor can cancel it – the registration of the inheritance must be delayed, the lessor must be notified of the application for the registration of the inheritance and requested to state his position within fourteen days of receiving the notice.
If the lessor informed the registrar, within the said period, of his objection to the registration of the inheritance, the inheritance will not be registered except according to an express order of a competent court or if the lessor subsequently announced his consent to the registration.
If the lessor did not announce his objection, or announced his consent to the registration of the inheritance, the registrar orders the registration of the inheritance as requested.

d. A landlord leases that, according to the terms of the lease, it is void upon the lessee’s death, and requests that the aforementioned lease be re-granted to the heir – then the cancellation of the lease before registering its re-granting will be carried out according to the instructions of an inspector. The heirs of the owner of the revoked right, and if all the heirs do not object to the cancellation of the right, he orders its deletion.If and objection is received – the inspector will forward the request along with the action file to the decision of the registry commissioner.In this case the fee stated in Section 3(f) of the Addendum to the Land Regulations (fees) will apply.

God. It was found that there is no provision in the terms of the lease, regarding the cancellation of the lease – the inheritance will be registered, in accordance with the law and as stated in the regulations. One must act in accordance with this instruction even when the lease is registered on the lands of the state, the Development Authority, or the National Fund for Israel (in which case the lessor is represented by the Israel Lands Authority).

1.3.1. Transfer of rent in real estate – the stipulations stipulated in section 22 of the Rent and Lending Law

A. If the lease denied or limited the transfer of the lease to another, the transfer of the lease by the lessee must not be permitted without obtaining the lessor’s consent or without a court order.

B. If there is no stipulation in the lease that excludes or restricts the tenant from transferring the lease to another, in this case proceed as follows:

(1) Ask the tenant to produce the landlord’s consent to the transfer of the rent.

(2) If the tenant informs that the lessor refuses to give his consent, the registrar will send the lessor a letter by registered mail, informing him that the lessee has submitted a request to transfer the lease, and that if an order from the court preventing the transfer is not produced within a period determined by the registrar and specified by the letter, he will confirm Register the listing.

third. In leases over 900 years, when the lease contract is silent regarding the question of whether the owner’s consent is necessary for the transfer of the lease or the contract cannot be found, and when the applicant for the transfer claims that he is unable to locate the registered owner in order to obtain his consent, proceed as follows:

(1) The applicant for the transfer of the lease shall publish in two daily newspapers (if necessary also in Arabic) his request for the transfer of the lease, together with a notice signed by the registration office, according to which, as long as no objection is filed to the requested registration, within 21 days from the date of publication of the notice, the registration will be carried out.

(2) In addition, to the extent that the registered address of the owner can be located from the registration file or from a review of other official databases held by the authority, the registration office will send by registered mail a copy of the aforementioned request and notice to the registered address of the owner.

(3) As long as no objection to the transfer of the lease is received by the Bureau, within 21 days of the publication and delivery of the aforementioned notice (whichever is later), the registration will be carried out. If it turns out that there is an objection to the registration, the registration will not be carried out without a decision of a competent court.

1.3.1.Leasing operations in Israeli lands

A. Registration of rent/transfer of rent/amendment of rent/cancellation of rent will be done in accordance with the “Deed of Lease Operations in Israeli Lands” In the wording that appears on the Authority’s website.

b. You can refer to the instructions for registration mentioned on the website of the Authority and the Israel Lands Authority.

c. The signature of the Israel Lands Authority on the deed as a lease makes it unnecessary to submit the certificates of payment of appreciation tax and purchase tax required for the purpose of registering a transaction as stated in section 1.1.1 A.(4), (5). (updated from
01.12.18)
It should be emphasized that this does not detract from the validity of a lien registered in favor of the Tax Authority, as long as such a lien is registered, it will not be possible to carry out the transaction without the approval of the Tax Authority or the deletion of the encumbrance.
What is stated in this section refers only to the case in which the Israel Land Authority signed as a lease. In cases where the Israel Land Authority has signed as agreeing to the transfer or the extension/amendment of lease terms, tax approvals are required as usual.

d. When making a transaction in an apartment in a shared house or in an apartment that should be registered as an apartment in a shared house, there is no need to present property tax certificates.
When making a transaction in rights to the lot, in which no transaction was made after 1.1.2000, a certificate must be presented to the Land Registry Office Absence of property tax obligations, as a condition for carrying out the transaction.

God. A valid certificate of the absence of debts from the local authority and a certificate regarding the improvement levy must be produced in which the name of the purchaser of the right is indicated in accordance with what appears in the deed, even if the seller of the right specified in a certificate differs from the registered owner.

1.3.1. Registration of a discount note as part of leases on Israeli land

A. In the initial registration, the Israel Land Authority will put a stamp on the top of the deed for lease operations on Israeli land in one of the following versions: “Capitalized lease, there is a restriction on transfer, there is no restriction on inheritance”, or “Capitalized lease, there is no restriction on transfer and inheritance”. Next to the stamp that determines the terms of the lease as mentioned, a stamp will be stamped bearing the name of the RA official and his signature. A note will be recorded in the register according to the stamp stamped at the top of the note. In cases where no seal has been affixed, the entire file will be returned to the Israel Land Authority for the purpose of signing with a relevant seal.

b. In the case where the state or KKKL is registered as the owner or as the main lessee, and there is a note according to which there is a restriction on transfer and/or inheritance in a sublease, the consent of the Land Authority must be obtained Israel for transfer.
In the case where the state or KKK is listed as the owner, and the main lessee is an entity that is not KKK or the state, and there is a note according to which there is a restriction on transfer and/or inheritance In a sublease, the consent of the Israel Lands Authority for the transfer must be obtained, and in addition the conditions of the sublease must be reviewed regarding the need for consent The main lessee, and to the extent that his consent is required, the consent of this body must also be obtained. (Update from 11.11.18)

c. The consent of the Israel Land Authority to the transfer in accordance with section b’ above, will be received through “Confirmation of transfer of rights with reference to the noted note regarding restriction on the transfer of rights (“foreigners”)

d. In cases where a request is submitted to register a transaction in a property with a note different from one of the above formulas, the request will be forwarded for review and individual instructions will be given.

e. Notwithstanding the above, in cases where an application is submitted for the registration of rights in the name of a corporation in which all the shareholders or members thereof, as the case may be, are citizens of Israel holding an Israeli ID card and there is a note on the restriction on the transfer of rights to foreigners in accordance with Section 4 19; According to the Israel Land Authority Law, 1960, it is possible to be satisfied with the approval and declaration of a witness (ref. Annex No. 22 ), which Because the corporation is not a foreign corporation, as defined by law, for the purpose of registering the rights in the name of the corporation. In cases in which the affidavit will not be attached as mentioned above, the person submitting the application must produce an Israel Lands Authority certificate for the requested transfer.

1.3.1. Individual approval for capitalization and lease term extension
When a lease right is transferred and as part of the transfer the lessee chooses to capitalize his rights, he must produce the following documents:

(1) Lease transfer deed (without amendment of conditions) in which the new lease termination date or the date specified in the land registry shall be specified.

(2) Confirmation of capitalization and/or extension of lease period in accordance with the form appearing at the website address – (hereinafter: “the confirmation”). In this case, there is no need for the Treasury representative’s signature on the certificate.

(3) The certificate will be submitted to the registration office in 3 copies and will be distributed, after the operation is approved, as follows:

A. Copy to the action file

B. Copy to lessee

third. Copy for the Israel Lands Authority.

1.3.1. Registration of permission in residential apartments – leases in real estate managed by the Israel Land Authority

A. The consent of the Israel Lands Authority will not be required for the registration of a lease in a property owned by the State of Israel, the Development Authority or KKK, which is one of the following:

1 . A property which, in the initial registration, was stamped at the top of the deed with the stamp “capitalized lease, there is a restriction on transfer, there is no restriction on inheritance”; and next to it is signed by the authority’s representative with his name and hand.

2. A property which, in the initial registration, was stamped at the top of the deed with the stamp “capitalized lease, no restriction on transfer and inheritance”; And next to it is signed by a representative of the authority with his name and hand signature.
This rule will apply when the real estate is registered both in the name of the State of Israel and the Development Authority and in the name of the National Fund for Israel and the transferees carry an Israeli identity card.
When the consent of the Israel Lands Authority is required for the registration of an inheritance, in addition to the necessary documents that indicate that the beneficiary is entitled to be registered as an heir in accordance with the law (inheritance orders/testament/estate distribution agreement, etc.), the form “Consent to Register an Inheritance/Order to Maintain a Will” must be attached /registration of an estate” Signed
with the seal of the authority’s representative (amendment dated February 18, 2018).

1.3.1. The subjects of the positions at the Israel Land Authority, who were authorized to represent the government in transactions concerning Israel’s lands Notice of authorization, published in a collection of publications no. 6607, dated June 12, 2013, authorizing each of the job holders at the Israel Land Authority, listed in column A. that in addition, to represent the government in any of the transactions referred to in sections 4 or 5 of the State Assets Law, 1951, and to sign the documents pertaining to them and their management.
The emphasis, in this case, is that each of the subjects published with the above authorization, is authorized to represent the government in transactions concerning Israeli lands.
Certification by a lawyer of the Authority on the various bills, that the representative of the Authority – who is authorized to sign on behalf of the Authority – signed the bill in his presence will constitute a sufficient reference that the seal is the official authorized to represent the state, as detailed in the addendum to the aforementioned authorization (MK’ 7/91, updated 2013).

1.3.1.Special conditions attached to the lease deed

A. In any case that special conditions are attached to the deed, make sure that the parties have signed the conditions attached to the rental deed.

B. When special conditions are attached to the lease deeds, which are submitted for registration, when only the original is signed by the parties and the rest of the copies are photographed, these copies can be received when they are verified by the lawyer as corresponding to the original.

third. Copies of scanned documents:

(1) Due to the scanning of Israel Land Authority files, the Authority produces to the registration offices, signed bills with the lease contracts attached, which were extracted from the database of the scanned documents (hereinafter: “the documents”).

(2) It was agreed with the Israel Lands Authority that the documents will be approved in the following form:
“This contract was taken out of the Israel Lands Authority file, which underwent a simulation procedure and corresponds to the Hertz lease deed” to .

(3) the aforementioned wording, are authorized to approve, together with the signature and stamp of the representatives of the Authority who are authorized to sign on bills – in accordance with the addendum in ‘ For a notice of authorization according to publication pouch no. 6607 of 12/6/2013 p’ 5100-5096.

d. A certified copy of a document that has been reduced:
It has been brought to our attention by the Israel Land Authority that original documents, required for the purpose of registering a transaction in the Land Registry, have been lost.
In such a case, there is no Prevention of approving the registration of the transaction based on certified copies, provided that the transaction documents are accompanied by an affidavit from the director of the district archive or the director of the national records of the authority, in which it is stated that the attached documents are a certified copy of the original documents that have been reduced in size.

God. In cases where the details of the lease deed, including the details of the real estate or the details of the owners of the rights, do not match the details listed in the contract attached to the lease deed, the registration will be performed according to the deed only without requiring an additional request, provided that the file number at the Israel Land Authority is indicated on the deed and corresponds to the number appearing in the attached contract ( amendment dated 02.18.2018).

1.3.1. Registration of the conditions of the lease regime in the land registers and the continuation of the activity according to them
When a tenant requests to perform an action by virtue of his lease (transfer of the rent, from the neighborhood) and also when the tenant’s heirs request to register the inheritance, the registrar requests to check first the terms of the lease to make sure that there are no terms that limit or prevent the requested action.
In those cases where the action requester does not have a certified copy of the lease, the registrar must order the action file, which is sometimes stored in the archives. The person who ordered the register of the action file and checked the lease deed for its terms, will update the following details in the land registers regarding the aforementioned lease: The lease can/cannot be transferred/to the tenant/inheritance, without the lessor’s consent.
A note was entered as L, you can rely on it for all the operations that will be carried out in the same lease without the need to order the case again. real estate (appreciation and purchase)], it is possible to rely on the conditions contained in one lease deed regarding the other leases in the same lot.

1.3.1.Expired lease

A. A lease was registered for a certain period and the period ended, the right to lease should be considered as continuing, as long as the parties did not request its cancellation (Section 19 of the Leasing and Lending Law of 1971). Hence, the parties can request the extension The period of the lease – such an action can be registered based on a deed of amendment, and there is no need to cancel the existing registration and register a new lease.

B. Any transaction regarding such a right (such as: transfer of rent, mortgage, etc.) must not be approved for registration. The applicant for the registration of the transaction must be informed that the lease right has expired, at the end of the period set for the validity of the registration.

third. Inheritance shall not be registered with respect to such a right. The applicant for registration of the inheritance must be informed that the testator’s right to rent has expired.

d. Orders of the court, such as foreclosures, restraining orders, etc., can be registered regarding such a lease, as well as instructions from other authorities authorized for this (improvement levy, comments by planning institutions, etc.).

God. It is possible to register a warning note on the obligation to make a transaction with this right, when the request is submitted by the buyer – the entitled one, subject to what is stated in paragraph 7; below.

and. When a registration is made according to an order of the court or of another authority authorized to do so, in accordance with paragraph d above, the authority that ordered the registration must be notified that the registration has been carried out even though the lease right has expired.

G. In the case of registering a warning note, as stated in paragraph e above, the beneficiary must be required to indicate in the application form that he knows that the lease right has expired.

1.3.1.Deregistration of rent – tax approvals

A. When the rental period has not yet ended – the cancellation of the rental must be considered as a transaction for all intents and purposes, and in any case the tax certificates must be attached to the cancellation request.

B. When the lease period has ended and there is no choice (option) to extend the lease – the cancellation of the registration should not be seen as a transaction, and there is no need to attach tax certificates anyway.

c. When the lease period has ended, and the terms of the lease include an option to extend it, the applicant must be referred to the real estate tax office.
The tax administrator decided to view the cancellation of the lease as a “sale of a right”, because then the tax certificates must be attached. Decided not to consider the cancellation a “sale of a right”, there is no need to attach the tax certificates.

d. When the lessor is the Israel Land Authority, and the cancellation is made at the request of the authority (either at the request of the authority only, or at the request of the authority and the tenant) there is no need to attach tax certificates, even if the lease period has not yet ended.

1.3.1.The deletion of the registration of primary leases registered in the name of dissolved cooperative societies

A. In the land registry there are records of leases granted at the time by the existing fund to various cooperative associations, as well as a record of sub-leases transferred by the associations to the holders of the land on their behalf.

b. The above associations were partially dissolved.
According to the lease contract, in the event of the liquidation of the association – the lease contract regarding the association will be canceled and all rights and obligations towards the foundation will be transferred to “Nir Shitofi”, if you agree to this.

third. Nir Shitofi confirmed, in her letter dated December 5, 1993, which is attached and marked as Annex “A”, that she has no objection to restoring the right to the National Fund for Israel.

d. The Israel Land Administration, which administers the lands of the National Fund for Israel, requested, relying on Appendix “A”, to order the cancellation of the leases registered for the benefit of the dissolved cooperative societies, and the change of the status of the sub-lessees to lessees, without changing the terms of the lease.

God. The administration produced the approval of Mr. Dov Staub, Deputy Commissioner of Income Tax and Property Tax, dated January 30, 1995, which is attached and marked as Annex “B”.

and. In light of all this, according to Rule 62 of the Land Regulations (Management and Registration), 1969 (Rule 70 of the Land Regulations (Management and Registration), Nineteenth of 2011), the Commissioner of the Registry ordered the cancellation of the registration of the leases granted by an existing fund to Israel for the disbanded cooperative societies listed in the attached list marked Appendix “C”.

g. In cases where there are sub-leases, raising the sub-lease to the level of a main lease instead of the associations, which is carried out by virtue of Rule 61A of the Land Regulations (Management and Registration, Nineteen B – 2011), will be carried out using the form “Request for raising a sub-lease” to the level of a first lease” signed by the Israel Land Authority, subject to the fact that the sublease period has not expired (MK’ 4/95).
As far as there are encumbrances or Notes on the sub-lease, they will be copied to the lease that was raised to the main level as mentioned (amendment dated August 31, 2017).

1.3.1.Approval to register capitalization and/or extension of the lease period

A. The registration of the discount and/or the extension of the lease period will be done in accordance with the “approval for the registration of the discount and/or extension of the lease period” (Hereinafter: “Regulation Form”), as drafted and stipulated and in accordance with the Israel Land Authority guidelines.

B. According to an agreement between the Authority for the Registration and Settlement of Real Estate Rights and Real Estate Taxation and the Israel Land Authority, as of February 6, 2020, the tax authority’s signature is not required on the “regulation form”. Please note that this does not exempt from reporting to the Tax Authority in accordance with the law.

third. A note in the registry regarding capitalization and limitation on transfer and inheritance will be recorded according to the type of property as indicated in the aforementioned approval.

d. As of March 29, 2020, a regulation form will be submitted for registration only by e-mail to the electronic mailboxes of the registration bureaus. When sending an installation form from the Israel Land Authority to the Authority for Registration and Settlement of Real Estate Rights, the electronic address of the applicant will be attached, and confirmation of the action will be sent to the applicant from the Authority for Registration and Settlement of Real Estate Rights, at the time of the registration.

God. A copy of the form approved by the registration office, with reference no. Deed/action and/or indicating the reason for not recording the change in the register, will be transferred to the Israel Land Authority.

1.3.1.Registration of leases in the name of the State of Israel
The state as the owner cannot carry out a transaction and/or operation with itself. For this purpose, the various government ministries, such as the Ministry of Defense, are the State of Israel.
If a situation arises where the ownership and the lease are each registered separately in the name of the state, as a result of a transfer of rights, the lease must be merged into the ownership and the registration of the lease canceled [ Regulation 69 of the Land Regulations (Management and Registration) Nine” in 2011]. (28.4.96).

1.3.1. Lease registration for a period of up to 25 years
Cancelled.

1.3.1.Publication of lease terms in the publication collection – Israel Land Authority

A. The lease contracts signed by the Israel Land Authority consist of two parts – “introduction” and “lease conditions”.
The introduction includes details unique to the particular lease, such as the name of the lessee, the definition of the property and special conditions, while the lease conditions include general conditions that are identical to most types of contracts in the Authority.

B. It was agreed that the wording of the “lease terms” published in the bulletin board, will apply to the seller by mentioning the appropriate bulletin board in the “Introduction” to the lease contract to be signed by the parties.

c. The meaning of the aforementioned change is that the lease deed submitted to the land registry offices will have only the introduction to the contract attached, while the conditions that will apply will be mentioned by indicating the number of the publication kit. 4818 dated November 4, 1999 (pages 1026 to 1032).Mention of the publication bag appears in the end of the “Introduction” to the lease contract to be signed by the parties (3/01).

1.3.1.Request for deletion of rights in land for restitution
Request for deletion of rights in land that belonged to the owner of the land (State, KKK or the Development Authority) according to section 29d of the Law to Promote Construction in Preferred Housing Complexes (time order ), nine”d – 2014, will be submitted using the application form below (amendment dated 17.5.17):
Revised application form for deletion of rights in real estate for restitution.

1.3 mortgage

1.3.2. Submitting an application to register her mortgage

A. According to the order of the commissioner of the registry, starting from 1.4.15, in all cases where registration of an action is requested based on a deed that has been drawn up, signed and duly authenticated – the deed will be considered an application form and there will be no need to attach the application for real estate registration to the deed.

b. Her mortgage deed in two printed copies signed in the original and legally verified (without corrections and erasures).
Attention that when submitting an online application for registration of her mortgage, it is sufficient to submit her mortgage deed in one legally signed and electronically verified copy.
See an example of her mortgage deed and an example of her mortgage deed to a banking institution inTax appendix’ 2.

third. If no transaction has been made in the property since December 31, 1999, a certificate of payment of property tax, addressed to the land registrar, must be attached to the payment of the tax due from the owner of the property or an exemption from it, valid on the day the file is submitted:

(1) When the mortgage is registered on a property registered in the condominium registers, no approval is required.

(2) When the mortgage is registered on a rental right in an apartment that is not registered in the condominium register, there is no need for property tax approval. Proof must be provided that the mortgage is registered on a rental right in the apartment (by the applicant’s affidavit, or by the approval of the local authority).

d. Abolished (Mc’ 89 \ 8).

God. When the request is aimed at pledging the right of rent – and the terms of the lease stipulate that the pledge of the right is conditional on the consent of the lessor – a written consent must be attached to the registration request, as stated.

and. When the request is for a second mortgage or a mortgage of equal rank – and in the terms of the first mortgage it is determined that another mortgage is conditional upon the consent of the mortgagor – the written consent of the mortgagor in whose favor the previous mortgage was registered must be attached to the registration request.

G. In cases where the consent of the bank in whose favor a mortgage of first rank or a mortgage of equal rank has been registered is conditional on some condition related to the registration, the mortgage will not be registered and the bank will be required to amend its consent. If the stipulation in the bank’s consent is not referred to the registration office, it can be accepted (as of 2/29/16).

H. It will not be possible to register a second degree mortgage or an equal degree mortgage when the bank’s consent is given by way of the reference “I give my consent as stated above” (when the above includes stipulation) (as of 2/29/16).

ninth. Additional documents according to the circumstances and the opinion of the registrar.

1.3.2. Registration of her mortgage to the credit of two banking corporations
When her mortgage deed lists the names of two banks and it is specified in the deed and/or, the names of the two banks must be registered in the land register (7/2000). a>

1.3.2. Registration of her mortgage, transfer of her mortgage and repair of her mortgage – requirement for approval of settlement of debts to the local authority
Cancelled. r’ Section 5.14.3.

1.3.2. Abolition of the need for the consent of the Israel Lands Authority to register its mortgage
It was decided by the Israel Lands Authority to cancel the need to obtain the authority’s consent when tenants request to register a mortgage on leased properties registered in the land registers, including in low-rise residential buildings, Industry, trade, tourism and agriculture.

1.3.2.Signing the conditions attached to the mortgage deed

A. The mortgage may not be registered without the conditions being attached to the mortgage deed.

B. All the conditions attached to the mortgage deed shall be signed in the original by the parties and as the number of the deed. It is necessary to act in a similar manner when special conditions are also attached to the mortgage deeds.

third. The sealing of the conditions will be done by placing the stamp on the pages of the bill and the conditions that will be arranged as a fan.

1.3.2.Changes in the deed of registration/correction/redemption of her mortgage or in the obligation to register her mortgage

A. Under no circumstances should you accept a mortgage deed or an undertaking to register your mortgage, in which any changes have been made, without the bank confirming these amendments with its signature.

B. The land registrar may approve, as an exception, an amendment to the deed provided that it is legible and signed as follows:

(1) Amendments to the amount of the loan and the identification of the real estate (G”H) – will be required by the signatures of the parties. In rare cases where the registrar is convinced without a doubt that a mistake has been made and it is completely clear what it is (for example, the suppression of digits in the details of the apartment), the correction can be approved, and the signature of the mortgagees is sufficient as a reference to correct the mistake.

(2) An amendment in the area and in the mortgaged part shall be signed at least by the mortgagee.

(3) An amendment to the type of mortgaged right (lease/ownership) shall be signed by the mortgagor at the very least. Until it is submitted for registration, the mortgagor’s right has been converted from lease to ownership (in a reform registration according to a unilateral notice from the Israel Lands Authority), it will be possible to accept the deed subject to the correction of the mortgaged right from lease to ownership by the registrar, or upon the signature of the mortgagors as far as they are in front of him.

1.3.2.In which cases must a mortgage correction deed/partial redemption deed/application to cancel her mortgage be produced

A. When it comes to full repayment of the loan or the transfer (towing) of the mortgage to another property or another event as a result of which the mortgage is fully erased from a real estate property, a request to cancel the mortgage must be submitted.

b. When it comes to canceling her mortgage in full on one property and her mortgage continues to lie on additional properties on which it was originally registered, a request to cancel her mortgage must be submitted. In this case, if a note detailing all the other properties on which her mortgage was registered in the first place is recorded in the additional properties – the registration in these properties will be corrected and the mention of the property from which her mortgage was deleted in full will be deleted. The bank will refer to this in the body of the cancellation request (as stated in the procedure instruction 1.3.2.18).

third. If it is a partial repayment of her mortgage which results in a reduction of the amount of her mortgage on a property or a reduction of the mortgaged part of it without any change in the original terms of her mortgage, a partial mortgage redemption deed must be submitted. In the event that the mortgage is placed on additional assets and on which the partial repayment does not apply, a note will be added to the deed that there will be no change in the details of the mortgage on the other properties on which the mortgage is placed.

d. In any case where, as a result of the registration of the action, her mortgage is not deleted but there is a change in the details of her original mortgage registration or in its conditions (in addition to a change in the amount or without a change in the amount), including the details of the mortgagors or the owner of her mortgage, a deed of correction of her mortgage must be submitted.

1.3.2.Registration of her mortgage regarding land that is in settlement procedures
A request has been submitted for registration of her mortgage regarding real estate that is in settlement proceedings, the approval of the settlement official is required except in cases where registration of her mortgage is requested in the apartment registered in the register of condominiums (Section 36 of the Ordinance Settlement of rights in real estate [new version], 1969).
The approval of the settlement official is sent directly to the land registrar through the authority’s operational system.

1.3.2.Registration of liens in foreign currency

A. According to the Bank of Israel’s circular dated 5/11/98 and in accordance with the government’s announcement of 4/28/98, the foreign currency control regime was changed and a permit was issued allowing all transactions in foreign currency and with a foreign resident.

b. In light of the said change, it is possible to register in the land registers mortgages and warning notes regarding an obligation to register a mortgage whose stated amount is in a foreign currency.

1.3.2. Registration of a mortgage that contains a condition prohibiting the mortgagor from redeeming the mortgage before the due date
It is possible to register a mortgage whose terms include a clause prohibiting the debtor from redeeming the mortgaged real estate before the due date. However, the attention of the owners of the deal should be drawn to the fact that, despite the aforementioned condition, it will be possible to redeem the mortgage before the due date, according to the provision of section 88 of the Land Law, 1969.

1.3.2. Registration of her mortgage on foreclosed real estate
Registration of her mortgage on foreclosed real estate with a temporary foreclosure cannot be approved.

1.3.2. Registration of her mortgage in real estate on a right that has a warning note placed on it

A. In any case where a warning note is recorded, it must be stated on the deed “as recorded in the land register” Also, the consent of the beneficiary must be obtained when seeking to register her mortgage.

B. These are cases where warning notes are recorded in the land register in favor of buyers and the owner of the land requests to register his mortgage in full on the land, and the question arises as to whether this is a transaction that contradicts the content of the warning notes, and it must be verified that it is not.

c. It is necessary to obtain express consents from the owners of the warning notes and not to accept consent signed by the contractor (or his representative) by virtue of a power of attorney given by the owner of the aforementioned warning note, with the exception of an exceptional case in which the applicant for registration will present the purchase agreement with the beneficiary of the note, where there is an express clause which authorizes the contractor to take additional credit in the future and register its mortgage.
As long as a clear and unequivocal agreement is given by the owners of the warning notes (not signed by means of a power of attorney), it will be possible to register the mortgage by a deed stating that warning notes are recorded.< /span>

1.3.2. Registering her mortgage after registering a warning note regarding the obligation to register her mortgage
A warning note was registered regarding the obligation to register her mortgage, and then a request is submitted to register her mortgage right on the same land and between the same parties, and the amount of the debt is different (high or lower) than that indicated in the obligation – the cancellation of the registration of the warning note will be done only after receiving the consent of the mortgagee. , in this case, is not liable for the fee.

1.3.2.Registration of her mortgage on the property where a note regarding the demolition order is registered
R’ Procedure 2.4.1 c’.

1.3.2. Submitting an application to redeem her mortgage

A. According to the order of the commissioner of the registry, starting from 1.4.15, in all cases where registration of an action is requested based on a deed that has been drawn up, signed and duly authenticated – the deed will be considered an application form and there will be no need to attach the application for real estate registration to the deed.

b. Deed of redemption of her mortgage Signed in the original and duly verified without erasures and corrections.

third. Additional documents according to the circumstances and the opinion of the registrar.

1.3.2. Canceling the registration of her mortgage – general

A. The land registrar may order the cancellation of the registration of her mortgage, at the request of her mortgage holders, which are banks and the insurance companies Migdal, Fenix, Clal Insurance, Menorah. Applications submitted by Amidar and Amigor companies on behalf of the Jewish Agency and an Israeli branch of a bank incorporated abroad but registered in Israel as a foreign corporation must also be accepted. [Rule 71(b)(2) of the Land Regulations (Management and Registration), nine” in 2011.

b. Canceling the registration of her mortgage, according to Rule 71(b)(2) does not prevent redemption of mortgages – at the request of both parties – by way of signing a redemption deed as stated in instruction no. 1.3.2.15.

1.3.2.The documents required to submit a request to cancel the registration of her mortgage
According to the provision of Rule 71(b)(2): “A registrar may order the cancellation of the registration of her mortgage at the request of the owner of her mortgage which is a banking corporation as defined in the Banking (Licensing) Law, 1981.

A. The mortgagee’s application, which is a banking corporation, will be submitted online through an interface.

B. In accordance with the requirement of the financial entities, requests to cancel the mortgage of the banks and insurance companies Migdal, Fenix, Clal Insurance and Menorah, other than through an interface, will be submitted on security paper only.

c. The mortgagee’s request, which are financial institutions that are not included in section b’ above and private entities will be submitted through “mortgage redemption deed” In the original + one copy.

d. Additional documents depending on the circumstances at the registrar’s discretion.

1.3.2.Cancellation of her registered mortgage along with additional parcels
This is a request according to Rule 71(b)(2) of the Real Estate Regulations (Management and Registration), the ninth of 2011, to cancel her registered mortgage along with Additional parcels.
Agreed: when the mortgage is erased from one parcel in its entirety, it is possible to act according to rule 71(b)(2). The records must be updated in the remaining plots.
In this case, if there is a note listed in the remaining plots, detailing all the plots on which the mortgage was registered in the first place – the registration in these plots will be corrected and the mention of the property from which the mortgage was deleted in full will be deleted. The bank will address this in the body of the cancellation request. See also section 1.3.2.7 (6/2014).

1.3.2. Cancellation of her mortgage to qualify for mortgage banks – safety forms
R’ Section 1.3.2.17.

1.3.2.Canceling the registration of mortgages that were registered in favor of the Jerusalem Bank for Development and Mortgages Ltd

A. The Jerusalem Bank for Development and Mortgages Ltd. requested in a letter dated June 10, 1990, to order the cancellation of the registration of all mortgages registered in favor of the bank and which were registered before December 31, 1977.

B. In order to simplify the mortgage write-off procedures, proceed as follows:

(1) There is no need for additional requests to delete the aforementioned mortgages.

(2) Found during the work from its location as stated, it must be deleted (MK’ 4/90).

1.3.2. Canceling the registration of mortgages and cautionary notes that were registered in favor of the First International Mortgage Bank Ltd.

A. The First International Mortgage Bank Ltd. requested in a letter dated July 11, 1990, for its consent to the deletion of all mortgages and cautionary notes registered in its favor – both under its current name and under the names detailed with the approval of the Registrar of Companies listed below – which were registered on December 31, 1976.

B. In order to simplify the procedures for deleting the mortgages and notes, proceed as follows:

(1) There is no need for additional requests to delete the said records.

(2) During the work, such a registration was found, it must be deleted (Mk’ 5/90).
Here there should be a document in English 

1.3.2.Canceling the registration of mortgages registered in favor of housing for war veterans Ltd

A. The Jewish Agency for Israel, in its letter dated August 22, 1990, requested to order the cancellation of the registration of all registered mortgages in favor of Housing for War Survivors Inc.

B. Cancel as requested, and proceed as follows:

(1) There is no need for additional requests to delete the aforementioned mortgages.

(2) Found during the work from its location as stated, it must be deleted.

1.3.2.Canceling the registration of mortgages registered by Hasna Israel Insurance Company Ltd

A. In a letter dated 11/18/90, Hasna, an Israeli insurance company Ltd. requested to order the cancellation of all mortgages registered in favor of the company until 12/31/79.

B. Cancel as requested, and proceed as follows:

(1) There is no need for additional requests to delete the aforementioned mortgages.

(2) Found during the work from its location as stated, it must be deleted (MK’ 7/90).

1.3.2.Canceling the registration of mortgages registered in favor of corporations merged with Bank Hapoalim Ltd

A. Bank Hapoalim, in its letter no. 427/93/5397, requested to order the cancellation of the registration of all mortgages denominated in pounds, which were registered up to the year 1970 (inclusive) in favor of corporations merged with Bank Hapoalim Ltd. itself, and the amount of each of which does not exceed 100,000 pounds.

B. After checking the application for its appendices, the requested was approved.

third. There is no need for additional requests to delete said mortgages. It was found during the work from its neighbor, as mentioned it must be deleted.

d. The list of corporations is detailed below (Mak’ 1/91).

1.3.2. Cancellation of the registration of mortgages registered in favor of the Israel Guarantee Company Ltd.
The Israel Guarantee Company Ltd. (formerly – Investment Risk Covering Company Ltd.) requests to order the cancellation of the registration of mortgages which were registered to her credit, as detailed in the letters of 10.7.91.
The matter: cancellation of registration of mortgages registered in favor of an Israeli company for guarantees We are an Israeli company for guarantees Ltd. on various real estates that we gave in our favor as a second-degree mortgage to secure loans, and we request to cancel
mortgage registrations given up to and including 12.31.85, while the first-degree mortgage relating to that loan is canceled or canceled (MK’ 8/ 91).

1.3.2. Deletion of mortgages registered in pounds in favor of Amidar
Amidar, the National Company for Immigrant Housing in Israel Ltd., gave its consent to the deletion of the mortgages registered in the land registers to its credit whose financial rate is denominated in pounds (MK’ 9/ 91).

1.3.2.Deletion of mortgages registered in favor of Housing Mortgage Bank Ltd

A. Housing, Bank Hapoalim for Mortgages Ltd. (previously – Mortgage Bank for Housing Ltd.), gave its consent, in letter no. 137/92 dated January 20, 1992, to delete all the mortgages that were registered on the initial lease right as additional security for first mortgages that were registered on sublease rights, provided that the aforementioned first mortgages were deleted.

B. Therefore, the registration of the aforementioned mortgages must be canceled.

third. It was found during the work from its location as mentioned, it must be deleted (MK’ 1/92).

1.3.2.Deletion of registered mortgages in favor of Ein Chai Ltd

A. Ein Chai, a financial company Ltd., formerly –

Ein Chai Bank Ltd

Ein Chai Cooperative loan and savings provider Ltd

Mossar loan and cooperative savings already from “L” (Ein Chai) Ltd.
gave its consent in letter no. 1 dated January 12, 1992, to cancel the registration of all mortgages denominated in pounds that were registered in her favor up to the year 1980 (inclusive) and the amount of each of which does not exceed 100,000 pounds.

B. Therefore, the registration of the aforementioned mortgages must be canceled.

third. It was found during the work from its location as mentioned, it must be deleted (MK’ 1/92).

1.3.2.Deletion of registered mortgages in favor of Bitzur Ltd

A. Bitzur Ltd. gave its consent in letter no. 3 dated January 12, 1992, to delete the registration of all mortgages denominated in pounds, which were registered in her favor until 1980 (inclusive) and the amount of each of which does not exceed 100,000 pounds.

B. Therefore, the registration of the aforementioned mortgages must be canceled.

third. It was located, during the works, from its location as mentioned, it must be deleted (Mak’ 1/92).

1.3.2. Canceling the registration of the mortgages – corporations under the management of the Shikhun Hamedim Ltd. company

A. owe In a letter dated March 9, 1998, Shikhun Udimim Ltd. applied, on behalf of the three companies whose names are listed below, which are the subsidiaries and/or under the management of the company. Employee housing, with a request to order the cancellation of the registration of all mortgages denominated in pounds that were registered in favor of the said companies until 12.31.79.

B. The names of the companies:

Neve Oved (Properties) Ltd. – H.C. 52-001976-1

Accountant of a trust company Ltd. – H.P. 51-004953-9

Neva Oved Maimon Ltd. – H.C 52-001564-5
The decision, as stated above, was made by the three companies at the meeting of 3/9/98 and the minutes< a i=2> were transferred to the person in charge of the registry.

third. After reviewing the application and its appendices, it was decided to accept and order the cancellation of the registration of the aforementioned mortgages.

d. It was located during the work from its location as mentioned, it must be deleted (2/98).

1.3.2.Canceling the registration of mortgages registered in pounds in the name of the central pension fund of the Histadrut employees Ltd.

A. The “the R. Rav El Almagor, on behalf of the Central Pension Fund of the Histadrut Institutions Employees Ltd. (hereinafter – “the Fund”), in a letter dated January 30, 2002, requested to order the cancellation of the registration of all mortgages registered in pounds for the benefit of the Fund.

B. After checking the application, based on its documents, the applicant was approved.

third. Proceed as follows:

(1) There is no need for additional requests to delete the aforementioned mortgages.

(2) Found during the work from its location as stated, it must be deleted (MK’ 7/90).

1.3.2. Cancellation of mortgage registrations by the Jewish Agency for Israel
R’ Section 1.3.2.17 .

1.3.2. Cancellation of registration of her mortgage – identification of plot number
If it turns out that there is no identity in the number of the block or plot specified in the application form to cancel the registration of her mortgage, it is necessary to check – before rejecting the application – whether a planning operation has been carried out on the land or that a condominium or settlement procedures are registered.
In cases where it is found that the mortgage right was registered in the old plot number that was registered in the registers before one of the actions listed above was carried out, the request can be approved. The registrar will add and specify the new property details according to the request

1.3.2. Redemption of her mortgage on the property of a minor
When an action of cancellation of her mortgage is brought to the register that asserts a right to real estate registered in the name of a minor, there is no need to need the approval of the court, as required in sections 20 and 47 of the law The legal training and the guardianship because the essence of this action is not the granting of a right, but the deletion of a lien, which was recorded in the books due to its expiration.

1.3.2. Expropriation of her mortgage by way of deposit

A. The instruction of section 89 of the Land Law, 1969-1969 instructs, as follows: “If the owner of the land wants to pay what is due from him according to the mortgage, but the mortgagee has not accepted it, the owner of the land may entrust the amount due from him, in whole or in part, to the registrar and request that the registrar forfeit the mortgage to the extent it was redeemed; The Minister of Justice may establish regulations regarding this section”.

b. In regulation 72 of the land regulations (management and registration), nine” in 2011, the actions that must be taken,
to foreclose on a mortgage by way of a deposit.

third. A request to expropriate her mortgage by way of a deposit may be submitted before the deadline for fulfilling the debt and may be submitted after this deadline.

d. The procedure detailed below enables the payment of the debt secured by the mortgage and the deletion of the registration of the mortgage from the land registers, when the mortgagor refuses to sign a redemption deed or when there is no way to locate the mortgagor, so that he signs a redemption deed.

God. A request to expropriate her mortgage by way of a deposit will be submitted in the form “Application for registration in real estate”.

and. The handling of a request to foreclose a mortgage, when the mortgagee refuses to sign a redemption deed, will be different from the handling of the request when the mortgagee is absent.

1.3.2. Foreclosure of her mortgage when the mortgagor refuses to sign a redemption deed
Procedures for handling requests to foreclose her mortgage, when her mortgagor refuses to sign a redemption deed:

A. The application form, in one copy, will be filled out and signed by the mortgagor or his representative.

B. The application form must be attached:

(1) The mortgage deed or a certified copy thereof.

(2) Evidence of the mortgagor’s refusal to accept the debt from the mortgagor. The evidence will include: an affidavit and other documents supporting the request, such as copies of the mortgagor’s notices to the mortgagee about his desire to redeem the mortgage and the latter’s reply if he has any;

(3) Evidence of the amount of the debt and any other amount due to the mortgagee in accordance with the terms of the mortgage as stipulated in Rule 72(a)(3) of the Real Estate Regulations (Management and Registration).

(4) Deed of redemption of her mortgage.

third. Upon receiving the application at the office, check:

(1) If all the details required in the application form have been filled in;

(2) If all the documents were attached to the application, as specified in section b’ above;

(3) the fee due to Solomon has been paid;

(4) If the amount of debt attached to the application corresponds to the amount of debt stated in the mortgage deed.

d. If the application is found to be prepared correctly, and the documents and the amount of the debt have been attached to it, as required, the mortgagor shall, according to the order of the registrar, deposit the amount due from him, as mentioned in section B(3) above, according to the instructions of the Accountant General at the Ministry of Finance or whoever he has authorized.

God. At the end of the actions, detailed above, a temporary file will be opened, specifying the details that must be specified in the file envelope. The application form with all the attached documents will be filed in the file.

and. The documents will be checked and verified and a note will be entered in the land register.

g. The registrar will sign the applicant on the redemption deed and verify his signature, as he verifies signatures of transaction documents.
If possible, the registrar will verify the applicant’s signature at the time of submitting the application (and after all the actions listed above have been performed).

H. The registrar will send the mortgagor, by registered mail, a written notice of the deposit, and invite him to appear at the office within the period that will be determined in the notice and which will not be less than 15 days. The notice to the mortgagor will be sent, in a special form established for this purpose (for example, in internal forms – “notice to the mortgagor about redemption” ).

ninth. If the mortgagor announced his desire to receive the deposited amount and sign the redemption deed, the following actions will be performed:

(1) Content of a payment order to the treasury of the Ministry of Justice to pay the mortgagee the amount of the deposit. The payment order will state the receipt number given to the applicant and the amount received. It will also be stated in the payment order that the check in favor of the applicant must be sent through the registrar.
The payment order will be signed by the registrar.

(2) Upon receipt of the check at the office, the mortgagee will be invited to appear at the office at a time to be determined. The invitation will be sent in a special form established for this purpose (example in internal forms – “invitation to the owner of her mortgage to appear at the bureau”). The check will be kept in the bureau’s safe.

J. If the mortgagor appears at the bureau, at the appointed time, the registrar will sign the redemption deed, hand over the check, and order the redemption of the mortgage in the land register. One copy of the redemption deed, signed by the mortgagor, will be sent to the applicant (the redemption deed was signed by the mortgagor earlier, as stated in section 7 above).

11 The owner of her mortgage did not appear at the bureau, on the appointed date, or did not reply to the registrar’s notification letter of his agreement to redeem her mortgage, or replied to the registrar’s letter but announced that it is not correct to redeem her mortgage, you will do the following:

(1) The case will be forwarded to the inspector with a note on the non-appearance of the mortgage holder or on his refusal to appear and act as stated above;

(2) If the inspector sees, as stated in Rule 70 of the Real Estate Regulations, that there is no obstacle to the expropriation of her mortgage, neither by law nor by the conditions of her mortgage or by registration in the registers, he orders her expropriation, and the registrar will delete her mortgage accordingly;

(3) record in the land register a note that her mortgage has been foreclosed according to section 89 of the Land Law;

(4) The registrar will send the General Custodian at the Ministry of Justice in Jerusalem a written notice of the forfeiture of the mortgage by way of deposit, the letter will include the following details: the name of the mortgagor and the name of the mortgagee, the file number, the amount of the deposit, the number of the block and lot (or book and page). A payment order was prepared in favor of the mortgagee and the check was sent by the treasurer of the Ministry of Justice to the registrar and is in his hands, the check will be attached to the registrar’s letter to the guardian and the number of the check being transferred will be indicated in it, copies of the letters to the general guardian will be sent to the supervisor of the registry and to the accountant of the Ministry of Justice.

(5) The general guardian will deposit the check in his account at the postal bank.

1.3.2. Foreclosure of her mortgage by way of deposit – handling of deposited funds
The amount of debt that the mortgagor is required to pay in order to foreclose on her mortgage by way of deposit, will be deposited directly by the mortgagor into the general guardian’s account as updated from time to time and will be given to the applicant by the land registrar.
A notice of the payment, detailing the amount of the deposit, the date of its execution and the details of the property and its foreclosed mortgage, will be sent by the applicant to the director of the discovery department at the national unit for the discovery and management of property in the administration The Department of the General Custodian and the Official Convener in the Ministry of Justice and to the Commissioner of the Registry.

1.3.2. Foreclosure of her mortgage when the mortgagor is absent
Procedures for processing requests to foreclose her mortgage, when the mortgagee is absent or our hearing is unknown:

A. The application form, in one copy, will be filled out and signed by the mortgagor or his representative. Do all the actions and attach all the documents as detailed in instruction 1.3.2.36 above, subsections a, b. Instead of the evidence that must be attached to the application form, as detailed above in instruction 1.3.2.36 subsection b(2), evidence must be attached about the mortgagee’s inability to locate the mortgagor . The evidence will include: an affidavit and other documents supporting the request, such as a certificate from the Population Authority of the Ministry of the Interior about not knowing the location of the mortgagor.

b. Upon receipt of the application, the documents and all the details will be checked as detailed above in instruction 1.3.2.36 in subsection C’

c. If the application is found to be prepared correctly and the documents and the amount of the debt have been attached to it as required, you will take all the actions as detailed above in instruction 1.3.2.36 subsections d’ – Z’.

d. The registrar will inform the applicant, that he must publish in two daily newspapers to be determined by the registrar, a notice to the owner of the mortgage in a special form established for this (example in internal forms – “Example of publishing an ad to the owner of the mortgage”). The registrar can waive the obligation to publish as stated if he considers that under the circumstances of the case it would be just and efficient to do so.

God. After the publication of the notice, the registrar will forward a copy of the order to the General Custodian at the Ministry of Justice for his response – within the time specified in the notice.

and. If the mortgagor did not appear within fifteen days from the date of publication of the notice in the press, the registrar will forward the request, with all the documents attached to it, to the inspector, noting a comment about the publication of the notice and the non-appearance of the mortgagor and together with the response of the general guardian – when received.

G. The inspector sees that there is no obstacle to the foreclosure of her mortgage, neither by law nor by the conditions of her mortgage or by registration in the registers, he orders her expropriation and the registrar deletes her mortgage accordingly and records in the land registry a note that her mortgage has been foreclosed according to section 89 of the Land Law.

H. The registrar will send to the general guardian at the Jerusalem Ministry of Justice a notice of the forfeiture of the mortgage by way of deposit.
The letter will include the details in instruction 1.3.2.36 Section Subsection 11(4).
Copies of the notification letter to the general guardian will be sent to the supervisor of the registry and the accountant of the office who will take care of transferring the deposit to the general guardian’s account.

1.3.2. Expropriation of her mortgage by deposit – calculation of the deposited amount

A. When a mortgagor requests to pay off his debt by depositing the amount due from him with the registrar as stated in Rule 72 of the Real Estate Regulations (Management and Registration), the amount due is settled, as follows:
The amount of the debt x the last index (known on the day the order for the deposit was issued)
The index known on the day the mortgage was registered.

B. On the deposited amount obtained from the calculation according to the above formula, interest must be added (not indexed):

(1) With regard to mortgages registered before 6.2.57 (the effective date of the Interest Law 9/7 – 1957) – the total interest amount shall not exceed the nominal principal amount.

(2) Regarding mortgages registered after 6.2.57 – the interest amount will be as indicated in the mortgage deed and no more than 7.5% per year.

third. The linkage calculation will be expanded and include indexes starting in 1921, also regarding the years before 1950, which preceded the official index (real estate taxation regulations).

1.3.2.Release of funds received from the foreclosure of her mortgage through a deposit

A. Requests the mortgagee to transfer to him the amount of the mortgage deposited as mentioned above, the registrar will act in accordance with the following procedure:

(1) will identify the applicant as is customary in identifying parties to a transaction;

(2) He will prepare a protocol in which he will determine the applicant’s right to reimbursement by specifying the various documents provided to him to prove this right (inheritance order, court order, etc.). Also, it will be noted in the protocol that no lien is placed on her mortgage right.

b. If the registrar is convinced that the applicant is entitled to the amount of the deposit or part of it, he instructs the general guardian to release the funds for the benefit of the beneficiary.
(The request to the general guardian will be made based on a special form established for this purpose (for example in internal forms – “release of funds received from the guardian) Her residence is by way of deposit”)).

1.3.2. Authorized signatories in banks
In order to simplify the method used today and to create uniformity both in the banks and in the registration bureaus, with regard to the handling of information transmitted to the bureaus regarding authorized signatories in banks, it was agreed with the Banks Association that starting from 1.1.91 a new method will be implemented, as detailed below:

A. In her mortgage deeds and in the request to cancel her mortgage, in the section of “verification of attorney and verification of signatures” The banks will add a statement from the lawyer that the signatory is legally authorized to sign by the bank and is authorized to sign on his behalf the above documents.

B. With the lawyer’s verification of the note, in the proposed format, the employees of the bureaus will not be required to need the many lists and confirmations in the files containing sample signatures of authorized persons from the various banks.

third. Additional lists of the banks will not be forwarded to update the lists specified in section b’ above.

d. Only a lawyer of the bank may verify signatures of the authorized signatories in the bank (1/2000).

1.3.2.Cancellation of her mortgage regarding land that is in settlement procedures
A request has been submitted to cancel her mortgage regarding real estate that is in settlement procedures, the approval of the settlement official is required through the form “Request to Permit a Transaction at the Land Registry Office”, according to an order Section 36 of the Real Estate Rights Settlement Ordinance [new version], 1969.
There is no need for such approval, in cases where cancellation of the mortgage is requested in the apartment registered in the register of condominiums.
Upon the cancellation of the mortgage in the land registers, the registrar will report the cancellation to the settlement official.

1.3.2. Cancelling the registration of mortgages that were registered in favor of Anglo-Palestine Bank Ltd. and Anglo Palestine Ltd.
In 1951, Anglo-Palestine Bank became Bank Leumi Israel Ltd. Therefore, on September 29, 2021, Bank Leumi approved canceling the mortgages registered until the establishment of the state in favor of Anglo-Palestine Bank Ltd. and Anglo Palestine Ltd.
In view of the above, there is no need for additional requests to delete the aforementioned mortgages. To the extent that it was located during the work and its location is located as stated, it must be deleted.

1.3. Easement

1.3.3. The definition of usufruct
Usufruct is defined in section 5 of the Land Law, 1969 as “a lien on real estate for the enjoyment of which there is no right to own it.
Hence, a right that includes exclusive possession of the subject real estate is not an easement as defined in section 5 of the law and this is different from, for example, a right that includes a specific use of the land when the grantor of the right leaves to himself the possibility of entering the subject land whenever he wishes and transferring the use from one place to another within the area of ​​that land.

1.3.3.Forms of affiliation
According to the provision of section 93 of the Land Law, 1969, the usufructuary relationship may stipulate that the owner of the eligible land or the person for whose benefit the relationship was granted is entitled to a certain use of the subordinated land: a>For example –
And it is also possible that the relationship of enjoyment stipulates that the owner of the subject land must refrain from performing a certain action on that land.

A. An easement that refers to certain uses, which are passing through the land or transporting anything through the land, with which there is no right to exclusive possession.

B. An easement that refers to certain actions, which the owner of the subject land must refrain from performing, such as avoiding breaking through for the passage of water that could flood adjacent land.

1.3.3. Submitting an application for registration of an easement

A. According to the order of the commissioner of the registry, starting from 1.4.15, in all cases where registration of an action is requested based on a deed that has been drawn up, signed and duly authenticated – the deed will be considered an application form and there will be no need to attach the application for real estate registration to the deed.

b. Deed of easement Signed without corrections and erasures, duly verified by a lawyer.
The deed will be presented in the original and in one additional copy that will be verified “As faithful to the source” By any lawyer in accordance with the Real Estate Regulations (Management and Registration (Amendment)), nineteen seven – 2017.

third. When there is an easement in a certain part of the land, a plan prepared and signed by a surveyor will also be attached [see Rule 11(b) of the Land Regulations (Management and Registration), the ninth”B of 2011].

d. Additional documents according to the circumstances and the opinion of the registrar.

1.3.3. Approval of applications for registration of easements
Since special legal problems sometimes arise during the registration of easements – the land registrars will submit applications for registration of easements for the prior approval of an inspector.

1.3.3.Cancellation of usufructs that are not valid
In voluntary subdivisions, consent must be required to delete any encumbrances in the plots created as a result of the planning operation.
There are cases where the usufructs were not canceled at the time Registration of planning actions, when it was clear that the enjoyment relationship did not apply to all the plots created in the split. As a result, easements are registered on all plots and also burden the registration, especially when registering condominiums.

A. In the above case, the registration of beneficial partnerships cannot be canceled as such, and in any case, the consent of the registered beneficiary must be obtained to cancel the partnership.

B. When it comes to the request of the owner of the revoked right, it is possible to act according to Rule 71 (b)(1).

1.3.3. Registration of an easement for car parking spaces in the common property of a condominium
When the right to parking is exclusive for the use of one owner or several owners of apartments in a condominium and thereby denies or impairs the control of the owners Other apartments – it is not permitted to register an easement.
On the other hand, in respect of the right to park for all owners, it is possible to register an easement (according to Ps. D. B.A. 2171/99 Blue Square Co-op Aguda Tharchanit Shytofit Ltd. v. the State of Israel – the person in charge of the registry).

1. Public lands and designated lands

1.4. Definition of zoning land
Zoning land, as defined in section 107 of the Land Law, 1969, is “public land” (meaning real estate of the state, of the Development Authority or of the National Fund for Israel, as well as real estate of a local authority or of a corporation established by legislation) intended for the public benefit, and are:

A. the sea, including real estate within the boundaries of the port;

B. rivers, streams, canals and their banks;

third. roads and railroads, including real estate used as railroad stations;

d. Airport;

God. Other types of public land established in the regulations, with the approval of the Knesset’s Economic Committee, as designated land for the purposes of this chapter.

1.4. Land zoning in approved plans submitted for registration
There are and are registered, in the plans submitted for registration according to the Planning and Construction Law, types of designations that are not mentioned in the Land Law and have no meaning according to this law, such as: seed land , open public space, public building, etc. Such types of designations will not be registered in the land register. On the other hand, the designations referred to in section 107 of the Land Law, 1969 (designated land), such as: road, airport, railroad, etc., will be registered in the register (b) (MK 9/85).

1.4. Turning designated land into public land

A. Section 110 (a) of the Land Law, 1969 – 1969 instructs, and this is its wording: “Zone lands shall not be converted into public lands that are not designated lands unless the government or the minister who has stipulated for this has approved that they cease to be used for their purpose. A notice of the approval will be published in the records and the designation of the land as zoning land will be deleted.

B. The government determined, by virtue of its authority according to the section cited above, that “the Minister of Justice, in consultation with the Ministers of Agriculture, the Interior and Transportation or with the civil servants who are authorized to do so, will be authorized to confirm, regarding the said Section 110, that designated lands have ceased to be used for their purpose”.

third. A notice regarding the minister’s determination regarding section 110 of the Land Law, 1969 was published in Publications Collection 2102 of April 3, 1975, p. 1422.

d. Section 110 (b) of the Land Law, 1969 – 1969 instructs and this is changed: “Notwithstanding what is stated in subsection (a), zoning lands will be converted into public lands that are not zoning lands and will be registered accordingly if they are intended to be used as non-zoning land in one of these programs:

(1) A plan that was finally approved according to the Planning and Construction Law, 1965.

(2) A plan that was finally approved according to the Law on Registration of Public Housing (temporary order), 1964.
Hence, it was determined that if any plan was made and approved according to the Planning and Construction Law or a law public housing estates, and according to that plan a different use or zoning is determined for the lands than they had before, these lands will cease, by virtue of that plan, to be zoning lands and they will become public lands.

1.4. Prohibition of transactions in designated land

A. In section 111 of the Land Law, 1969, it was established as follows: “In zoning land, any transaction that requires registration will not be valid, no enforcement order will be given due to an obligation to make such a transaction in them, and no comment will be registered in relation to such an obligation, unless the transaction or the obligation was approved on by the government or the minister who stipulated for this”.

B. The government determined, by virtue of its authority according to section 111 of the Land Law, 1969, that the ministers indicated below are authorized to approve, for the purposes of the said section, a transaction or commitment in zoning land:

1.

(a) Regarding designated lands of a local authority, with the exception of roads of the Minister of the Interior, in consultation with the Minister of Agriculture and the Minister of Transportation or with the civil servant authorized by the Minister of Agriculture;

(b) Regarding roads that are designated lands of a local authority – the Minister of the Interior, in consultation with the Minister of Agriculture or the civil servant authorized by the Minister of Agriculture.

(c) In cases where a local authority requests to lease a certain part under the road, for parking/basement purposes, which will serve a house built on a bordering lot, there is no need for the approval of the above-mentioned ministers, provided that approval is given by the head of the planning institution that the additional use has been approved in the plan.

2. Regarding zoning land in which one of the following occurs:

(a) They are found in the territory of the ports;

(b) are a railroad, including real estate used as railroad stations;

(c) They are real estate located in the area of ​​airports: the Minister of Transportation, in consultation with the Minister of Agriculture or the civil servant authorized by the Minister of Agriculture.

third. Regarding other zoning lands: the Minister of Justice, in consultation with the Minister of Agriculture, the Interior and Transportation or with the civil servants whose ministers are authorized to do so.

d. The announcement regarding the appointment of a minister, regarding section 111 of the Land Law, was published in the publication collection 2102 dated 4/3/75 p. 1422.

1.4. The procedures for handling requests for approvals according to Section 111 of the Land Law

A. A request for the approval of a transaction or a commitment to make a transaction in designated land, as stated in section 111 of the law, shall be submitted by the owner of the land, in four copies, to the person in charge of the registry.

B. The letter of request will detail: the purpose for which the land is used, the motives that require approval of the transaction or commitment, and the steps taken to ensure the land’s purpose.

third. The application will be accompanied by a copy of the land and the draft of the agreement or commitment to make the transaction.

d. The person in charge of the registry will forward copies of the application with the attachments, along with his comments, to the minister designated by the government regarding section 111 of the law.

God. The minister authorized to approve a transaction or commitment in zoning land, in accordance with the government’s determination, will forward copies of the application with the attachments, together with the comments of the commissioner of the registry, to the ministers with whom he should consult, as stated in the notice on the appointment of ministers regarding section 111 of the law, and will request their opinion.

and. Once the authorized minister receives the necessary opinions, he will give his decision on the application and inform the commissioner of the registry.

G. If a transaction or a commitment to make a transaction in designated land has been approved by the minister that the government has determined for this, the person in charge of the registry will bring the approval to the notice of the applicant as well as to the notice of the land registrar in charge of the bureau in whose area of ​​operation the land is registered.

1.4. Change of land use

A. If a subdivision plan is submitted and a certain plot is not described as a road (by the district committee), the registrar will not register the plot as a road, even though he believes that the plot must be a road, but will refer the applicant to the planning committee so that it will give its approval for the purpose or use of that plot.

B. Where zoning land is actually used for one of the purposes set forth in Section 107 of the Land Law, 1969, without the Land Registrar being notified of this, the Registrar will contact the Planning Commission, so that it can determine whether this land is used as zoning land.

1. the prescription

1.5.Procedure for Handling Public Inquiries
Any body, person, organization, etc., may contact the person in charge of the field of public inquiries in the administration of the Authority (hereinafter – the person in charge) ). The person in charge will be subject to the person authorized to do so by the Authority’s management. How to submit a referral, handle it and provide a response:

(1) A public appeal can be submitted by fax at 02-6467754, or through a dedicated email box with the address: mekarkein@justice.gov.il-pniyot

(2) Upon receiving a referral in the dedicated system and entering the data about it, a confirmation message will be received about receiving a referral to the Public Inquiries Department at the Authority and a reply will be sent as soon as the examination and handling of it is completed. The inquiries received will be forwarded by the person responsible for the reference of the relevant parties in the Authority for the Registration and Settlement of Real Estate Rights or outside of it.

(3) To the extent that the matter of the referral does not concern the area of ​​care of the person in charge, this referral will be forwarded to the relevant party, and a notice of this will be sent to the applicant specifying the party to whom the referral was forwarded. Forwarding a referral in the aforementioned cases – will end its treatment as a public referral in the dedicated system.

(4) A response to a public inquiry will be given within 10 working days from the day it is received, unless an examination and treatment are required that justify a longer response period.

1.5. Appeals
In cases where the file submitter believes that because a request for registration was rejected, his request was rejected for a reason that is apparently unjustified and unlawful, an appeal can be submitted to the commissioner of the registry in accordance with the provisions of section 121 of the Real Estate Law 2009 – 1969.
The appeal must be submitted to the registration office/inspector by which the request was rejected, along with a copy to the Authority’s management.
After examining the appeal, an appropriate notice will be sent to the appellant.< a i=4> As a general rule, upon receipt of the appeal, the property will be frozen for registration – the freezing of the property will continue until the end of handling the appeal/a decision.

1.5.Registration of orders concerning the appointment of special functionaries
A request for the registration of a note concerning a special function (asset receiver, liquidator, administrator, guardian and special administrator) shall be submitted in accordance with section 1.1.26 above.

1.5. Priority order when registering a foreclosure
A request to register a real estate transaction that was deposited with the registry office after which a foreclosure order was submitted, the foreclosure will receive priority and be registered before the transaction even though it was submitted after it. However, a request for the registration of a warning note that was deposited in the registry office after which a seizure order was submitted, the registration will be carried out in the order in which the files were submitted to the registry office. .

1.5. Cancellation of foreclosures according to the Taxes (Collection) Ordinance

A. Cancellation of garnishments by the assessor –
A garnishment imposed by one assessor can be canceled by another assessor.

b. Cancellation of foreclosures by appreciation tax and property tax –
Each unit of appreciation tax and property tax is independently responsible for collecting its debts. For this reason, no particular unit is allowed to cancel foreclosures and encumbrances imposed by another unit (2/99).

c. Cancellation of foreclosures registered by the Customs and VAT Department:
If cancellation of a lien is received from the Customs and VAT Department, previous foreclosures placed on the property can be canceled, provided that the cancellation received is from the same party that imposed the previous liens (7 /2000).

1.5.Registration and cancellation of foreclosures by a court
           Registration of a foreclosure order:

A. A foreclosure imposed by a court will only be canceled if an explicit cancellation order is received. It should not be enough to announce that the case has been closed or a judgment has been given on the matter, including a temporary seizure under the circumstances stated in Rule 381 of the Civil Procedure Regulations, will only be canceled if an explicit order has been received from a court (2/99).

B. The court secretaries are not required to attach the judicial order to the notice of cancellation of the lien on the land sent to the land registrar.

third. You can get an original signature of the judge/registrar who imposed the lien (full name – first name + last name) or a scanned signature, all subject to the fact that there will be an original stamp of the court on the order.

d. A foreclosure order issued by a court or tribunal and submitted for registration, will be exempt from the fee, whether the order was sent directly by a court or whether the order was brought directly by the applicant.
Foreclosure Cancellation Form: a>

A. Make sure that all the details in the form are filled in, including the date of issuing the seizure order.

B. In the signature line, a signature with the full name (name + surname) will appear and you should not be satisfied with just a signature (an original signature or a scanned signature can be obtained). All of this subject to the fact that there will be an original stamp of the court.

third. Make sure that the font is uniform, do not accept a form that has been printed and has handwritten details added to it.

d. In exceptional cases, a manual foreclosure cancellation form edited on paper bearing the court’s watermark will be submitted.

1.5.Foreclosure orders and notices on the cancellation of foreclosures by the enforcement bureaus

A. Foreclosure orders and notices of cancellation of foreclosures and cancellation of proceedings by the enforcement bureaus will be submitted through an online interface with the enforcement authority. Notwithstanding the above, the land registrar has the discretion to order the registration of foreclosure orders and/or cancellation orders Foreclosure and/or orders canceling proceedings by submitting the above-mentioned orders in the original at the registry office.

B. A decision regarding the cancellation of a foreclosure and/or the cancellation of proceedings can be approved even if it is signed by a different bureau than the one that imposed the foreclosure/ordered the cancellation of the procedure, provided that the decision regarding the foreclosure contains an explicit reference to the foreclosure/procedure whose cancellation is requested.

third. Notification of the delay of active proceedings will be returned to the enforcement office (amendment dated 1.3.16).

1.5. Deletion of foreclosures

A. Section 157 a(a) of the Land Law, 1969-1969 states: “Ten years have passed from the date a foreclosure was registered, the registrar may delete it unless an order to extend its validity has been submitted for registration.”

B. According to the provision of Rule 73 (a) of the Real Estate Regulations: “An application to delete a foreclosure as stated in section 157a of the law shall be submitted by the person to whom the foreclosure is registered or the owner of the foreclosed right”.

third. The following documents will be attached to the application:

(1) A copy of the foreclosure notice, certified as corresponding to the original by the registry office.

(2) The request was submitted by the owner of the foreclosed right only – a letter of consent signed by the winner and verified by an attorney must be attached in the same way that a transaction deed is verified.

(3) It was not possible to obtain the consent of the winner – the owner of the foreclosed right shall attach an affidavit detailing the reasons why the claimant did not produce the consent of the winner, including evidence of attempts made to locate the whereabouts of the winner.

(4) Any other document necessary for the registrar’s opinion to issue a decision on the application.

d. If the land registrar has decided to delete the foreclosure, he will send a notice of this to the winner, by registered mail with confirmation of delivery, at least forty-five days before the deletion. If the winner’s reference is received, it will be examined, as necessary in consultation with the supervisor, and then a decision will be made; If no response is received within the time period specified in the notice, the lien will be deleted. A notice of the deletion of the lien will be sent to the winner and the owner of the foreclosed right.

e. A request was submitted to delete a lien that was not accompanied by a letter of consent from the winner due to the impossibility of locating him and the registrar was convinced, based on an affidavit submitted as stated, that reasonable efforts were made to locate his addressee and decided to delete the lien, the registrar orders the publication of such notice in two daily newspapers,
At least forty-five days before deletion.

1.5.Foreclosure of real estate according to order of a rabbinic court
Rabbinical courts are authorized to grant interim relief – injunctions, prohibition, foreclosure, etc. – And this according to the hearing regulations for rabbinical courts, which were established by the Chief Rabbinate Council. The regulations were published in B. 2298 2298. The land registrar must record such orders in the land registers, as stated in section 123 (b)(2) of the Land Law, 1969.

1.5.Registration of a lien on the rights of a debtor in whose favor a warning note is registered

A. A foreclosure on the right of a defendant in whose favor a warning note is registered, will be registered according to an order of a court or tribunal of any jurisdiction (9/85).

B. The Implementation Law (Amendment No. 9), 1990 (Book of Laws 1314 of the 11th day of Nisan 1990, 6.4.90) amended Section 34 of the main law and the Taxes (Collection) Ordinance.

c. Section 6 of the law states, to say:
“In section 34 of the main law, in subsection (a), at the end it will read: “And also on the foreclosure of the debtor’s rights in real estate resulting from the registration of a warning note on them in his favor: for this matter, “Warning Note” – As defined in section 126 of the Land Law, 1969. And in section 10 of the law it is established that in the Taxes Ordinance
(Collection), Section 12 H was added, and this was changed to:
“For the purpose of collecting a binding tax debt, a collection official may or A tax collector to foreclose by registering in the real estate register, rights to be charged in the real estate, arising from the registration of a warning note on them in his favor: for this matter, “warning note” – As defined in section 126 of the Land Law, 1969.

d. It seems, therefore, from the date of issuance of this procedure and onward – a lien on the right of a debtor, for whose benefit only a warning note is recorded – will be registered both by order of the head of enforcement, and also by a request submitted in accordance with the provisions of the Taxes (Collection) Ordinance as stated above ( Mc’ 2/90).

God. It should be noted that by virtue of Sections 33 and 35 of the Enforcement Law, 1967, a district court may order the seizure of real estate that is not registered in the name of the debtor, under the conditions specified therein.

1.5. Performing queries to locate assets

A. Courts, rabbinic courts and more may order the land registrars to locate properties in the name of owners, lessees, or those entitled according to a warning note.

B. The provision regarding locating assets must be clear (ibid. and “7), unequivocal and addressed to the land registry bureaus.

third. It was decided to comply with the aforementioned request, a fee must first be collected for performing a query – a fee for information from another computer (for any information), as stated in the Real Estate Regulations (Fees), 1969.

d. The service will not be provided as long as the fees necessary to perform the query(s) have not been paid (15.3.09).

God. An application fee must be collected for each application, along with a computerized information fee for each name next to which a number is indicated. Identity card and in favor of each bureau.

and. There is no appointed party if the notice was delivered by hand or by the lawyer or a messenger on his behalf and/or directly by the court.

G. This information, which is provided according to an identification certificate, is limited and may not in all cases reflect the full rights of the applicant in the real estate and the provision of the information does not constitute confirmation of the ownership of the applicant or someone on his behalf in the properties included in it – the performance of any operation on this real estate will be subject to proof of identification as is customary, as far as that will be required”.

1.5. A document that is attached to an action file and is not necessary for its execution
As a general rule, a document that is not necessary for the execution of the action in accordance with the procedures of the Authority for the Registration and Settlement of Real Estate Rights, will not be checked at all by the employees of the registration office, and it will not have a reference to any subject related to the registration carried out by the bureau. However, it will not be accompanied by a document that is not required, in order to cause the application to be rejected.

1.5.Remarks

1.5. Submitting a request for registration/cancellation of a warning note

A. A request for the registration of a warning note shall be submitted on a form “Request for registration of a warning note” when it is signed by the obligee and/or the entitled party and verified by a lawyer or registrar In the way that a transaction deed is verified.

b. A request to cancel a warning note shall be submitted on a form “Request to cancel a warning note” when it is signed by the obligee and the person entitled and verified by a lawyer or registrar. a>
A request to cancel a warning note signed by the entitled person only will be verified in the way that a transaction deed is verified.

third. If the obligee is not the owner of the registered right – a letter of consent to the registration of the note with the signature of the owner of the registered right, verified by a lawyer, must be attached.

d. When the application is sent to the Land Registry Office, by mail, the application will only be accepted if the applicant’s signature has been verified – on the application form – by a lawyer or a notary.

e. A written document (such as a contract or an irrevocable power of attorney, original or a copy certified true to the original by an attorney) will be attached to the request for the registration of a warning note, in which the owner of the right to the land undertakes to make a transaction or to refrain from making a transaction.
As long as the request is supported by a judicial order, you can attach a copy of the order on which the stamp of the court net/the enforcement and collection authority/the court secretary’s stamp and the “faithful to the source” stamp are stamped. by a lawyer.
In an online submission, you must additionally attach a “ written declaration and commitment of a lawyer for online submission of documents“.

and. In cases where a request is submitted for the registration of a warning note, in a condominium that has not yet been registered, which includes in the details of the beneficiaries a number of beneficiaries for whose benefit the registration of the note reflects a transaction regarding separate units – the application for registration of a warning note must state the number the unit alongside all the details of the beneficiary/s detailed in the application. When making the registration, a separate note will be recorded for each unit as detailed in the application and a separate action number will be given to each registration that reflects the purchase of an apartment as mentioned. Yes, you will specify a tax number The unit.
As long as a comment was recorded according to this procedure, in the case of a request to correct a comment referring to some of the beneficiaries, it will be possible to correct only the action required for that purpose. Alternatively, it will be possible to submit requests to register a warning note for each unit separately for the benefit of the entitled person(s) in the unit.
In any case, the fee charged for the request will be according to tax The applications and not according to tax The actions you recorded.

g. A copy of an identity card or other document (such as: passport, driver’s license) that proves the identity of the obligee must be attached to the request submitted by the person entitled only, when it is certified as a true copy of the original by a notary public.
In another case, there is no need to attach a photograph as mentioned.

H. If a corporation was a party to the request, an attorney will confirm on the request that he checked the required corporate documents in accordance with Regulation 10 of the Real Estate Regulations (Management and Registration), Nineteenth B – 2011, and that the request was submitted legally. In any case where the request does not include a certificate, as mentioned, it will be required to produce the signed and verified corporation protocol in accordance with the provisions of Regulation 10 of the Real Estate Regulations (Management and Registration), Nineteenth B – 2011. In cases where the beneficiary is a corporation, except in the case where it is a company registered with the Registrar of Companies in Israel as an Israeli company in accordance with the provision of Section 10 of the Companies Law 1999, as well as for a company registered with the Registrar of Companies in Israel as a foreign company pursuant to Section 346 to the Companies Law 1999-1999 that then the need to attach a corporate registration certificate is unnecessary (see procedure 1.1.16 (c)(1) above).

ninth. If the request is submitted by the entitled person only, it must be ensured that the exact address of the person who undertook to register the note is indicated in the application, and this is so that the registrar can notify the person who undertook to register/cancel the note. The address of the person who committed was not specified in the application, the application should not be accepted.

J. Additional documents may be required depending on the circumstances and the opinion of the registrar.

1.5. Submitting a request for the registration of a warning note using the form “Request for registration of a warning note with the consent of all parties”

A. Recording warning notes with the consent of all parties involved does not cancel the existing route of recording warning notes at the request of one party, but adds to the existing one.

B. When a request is submitted for the registration of a warning note regarding an obligation to make a transaction / refrain from making a transaction / an obligation within the framework of TAMA 38, which is signed by all parties and verified by a lawyer in the way that a transaction deed is verified. There is no need to attach the letter of commitment.

c. When a request is submitted to register a warning note for an obligation under TAMA 38 and all the apartment owners have signed the request, the warning note will be registered in the common property and a note referring to the warning note will be registered in the apartments. As long as the application is not signed by all the apartment owners, the warning note
will be recorded in the relevant apartments (amendment dated 1.26.16).

d. When a request is submitted for the registration of a warning note with the consent of all parties regarding an obligation to register its mortgage, it is not necessary to attach the letter of obligation. As long as the letter of commitment is attached, it will be kept as a scanned document in the registration file, but in any case it will not be checked by the registration office, nor will it be signed by the registration office. (Amendment dated 12.9.16).

God. When an owner’s consent form is attached to the registration of a warning note regarding an obligation to register its mortgage, a separate consent form can be obtained from the registered owner subject to two cumulative conditions:

(1) The consent form must be verified by an attorney according to rule 21 (b)(2) of the real estate regulations (there is no need for verification as in the way a transaction deed is verified);

(2) The form can be securely linked to the application form (bank, property, amount, etc.). (Amendment dated 13.12.16)
For the application form for registration of a warning note with the consent of all parties regarding an obligation to register a mortgage with the consent of all parties in favor of a banking corporation/financial institutions/private entities.
The verification methods of the signature of the representative of the mortgagor corporation in whose favor the note is recorded, and the documents required from him when the operation is performed, will be determined within the framework of execution instructions in accordance with the agreements with the mortgagors.

and. When the application refers to a commitment regarding a property that has not yet been registered as a condominium, the description of the property must be detailed according to the details that appear in the section that refers to this only.

G. Additional documents depending on the circumstances, at the registrar’s discretion.

1.5. Send a notice to the owner when the obligation is towards the bank, and the bank requests the note be recorded and signed the obligation form
Proceed as follows:

A. If the owner has signed the commitment form – there is no need to send a notice.

B. If the sender signed in the name of the owner and attached the power of attorney – there is no need to send a notification.

c. If there is the owner’s consent to the registration, verified by a lawyer – this should be seen as a request and no message should be sent.
d. In the other cases, messages must be sent.

1.5. Copies of documents for registering a warning note
If the document constitutes the reference for registering a warning note (contract, irrevocable power of attorney, commitment). A certified copy can be obtained by a lawyer (and not necessarily a notary).
What is stated in this paragraph shall not apply to types of documents for which it is determined that they must be submitted in the original only (for example, a commitment to register a mortgage, as well as the cases in which the registrar orders his judgment on submitting the source of the document).

1.5. Registration of a warning note after foreclosure

A. A foreclosure is registered according to an order of the court or of the head of the execution, and then requests to register a warning note on the land, which is subject to the foreclosure – the warning note will be registered Gindi n’ The Commissioner of the Registry (unpublished)] (The ruling can be found in Aryeh Eisenstein’s book, Foundations and Laws of Land Law, Volume 2, p. 303) (3/02) .

b. A note was recorded about a lien according to the Taxes (Collection) Ordinance, and then you request to register a warning note regarding the land subject to the lien, there will be no obstacle to registering the warning note. on the collection or of the court or the execution chair, as the case may be (Mak’ 1/87).

1.5.Registration of a warning note in respect of her mortgage by a receiver
In light of what is stated in the judgment of the Supreme Court No. 4810/06 Naksh N’ Leumi Bank of Israel for Mortgages Ltd. (published in Nevo, 12.28.08).
At the request of a receiver within the framework of execution procedures, a warning note regarding an obligation to register a mortgage in favor of a buyer may not be entered, unless the receiver has been authorized to do so Specifically in the order of appointment or in the sale agreement approved by the execution registrar according to rule 68(b) of the execution regulations, 1979. It should be noted that according to Rule 68(b) in Chapter D’ According to the aforementioned regulations, which concern public sale procedures of foreclosed real estate, in the first stage, the name of the buyer is announced and the execution registrar confirms the sale agreement.
In most cases, based on this confirmation, a warning note is recorded in favor of the buyer. In the second stage, after the buyer pays the balance of the consideration, a final approval is given according to Rule 69, addressed to the land registrar, to carry out the transfer in the buyer’s name in accordance with section 34a of the Sales Law, 5788 – 1968 (F.M. 4.1.11). a>

1.5. Imposing a lien on real estate after registering a warning note
A warning note was registered and then a lien was placed on the land, the foreclosure order must be registered.
Section 127b of the Land Law states as follows: a warning note was registered and then a foreclosure was imposed on the land or the right in the land subject to the note, or an order to receive assets in bankruptcy or a liquidation order was issued against the owner of the land or the owner of the right in the land, or a receiver was appointed for his property, as long as the note was not deleted , none of this will harm the rights of the beneficiary arising from the obligation that is the subject of the note, provided that a claim to cancel the transaction due to the bankruptcy or liquidation that would have stood if the transaction had been carried out on time will also stand against the said obligation.In light of the above, both in the case of a request to register the transaction, the subject of the obligation according to which the warning note was registered, and in the implementation of the foreclosure, the parties must be referred to the competent judicial authority.

1.5.Registration of inheritance in real estate after registration of a warning note

A. When an application for registration of inheritance is submitted and it is found that for the real estate registered in the name of the testator there are warning notes according to section 126 or 128 of the Land Law, or a warning note for an irrevocable power of attorney, the inheritance must be registered in accordance with the order of inheritance/order of execution of the will, and subject to >
The successors to the warning notes listed.

b. In the case where, after the registration of the inheritance, it is requested to complete the transaction concluded between the testator and the beneficiaries of the warning notes, one must act as follows:

1. As a general rule, the registration of the transaction will be carried out through a transaction deed in which the heirs (as they appear in the draft) will be listed as sellers, indicating the parts they are transferring, and the heirs themselves will be required to sign the transaction deed.

2. As far as the required tax approvals are concerned, they can be accepted regardless of whether they refer to the transaction between the deceased and the beneficiaries of the warning notes, or whether they refer to the transaction between the heirs and the beneficiaries of the warning notes.

3. Notwithstanding the foregoing, the transaction can be completed in the name of the beneficiaries of the warning notes also by relying on an irrevocable power of attorney given by the deceased (whether or not the power of attorney is in the action file that is the subject of the warning note to the beneficiaries or not) in such a way that the power of attorney signs the deed on behalf of the sellers, provided that the warning notes for the benefit of the purchasers registered before the deceased’s death. In this case too, a deed of sale must be submitted in which the heirs (as they appear in the draft) will be listed as sellers, indicating the parts they are transferring, but in addition it must be stated in the deed that it is ” The heirs of the deceased so-and-so are unknown”.
Even in this case it is possible to be satisfied with tax certificates that refer to the transaction between the deceased and the purchasers.

1.5. Registration of a warning note according to an undertaking given by a testator
A real estate owner or owner of a right in real estate who, before his death, undertook to make a deal in them, or to refrain from making a deal in them, and before the warning note was registered in favor of the entitled person The inheritance is in the name of the heirs, it will be possible to register the warning note at the request of the entitled person, even though the real estate is not registered in the name of the obligee but in the name of his heirs.
Notice of the registration of the note will be sent to the heirs.

1.5. Inheritance registration in unspecified parts of the land where a warning note is registered
cancelled. r’ Section 2.2.25.

1.5. Registration of inheritance of a right arising from a warning note

A. Section 1 of the Inheritance Law, 1965 states that when a person dies, his estate passes to his heirs. His estate, including contractual rights and others.

B. Therefore, if a request is submitted to register the inheritance of a person entitled according to a warning note, to which a legally verified order is attached, the request must be granted.

third. The registration will be done by correcting the warning note, noting, in the comments column, that the correction was made according to authorization.

d. A notice of the registration will be sent to the owner of their right to whom the note is registered and to the bank, which is entitled according to the note in respect of an obligation to register its mortgage. The delivery of the messages will be specified in the action file.
Make sure to specify the owner’s address in the application.

e. There is no obstacle to registering a note regarding the appointment of an estate manager.
In such a case – there is no need to send a notice to the owner.

1.5. Registration of several warning notes on the same land
A warning note is registered and then a request is submitted to register another warning note, relying on the obligation of the owner of the land regarding another transaction, there is no obstacle to registering the additional warning note , even if it contradicts the subject of the first comment. In such a case, no more registration of a transaction in the same real estate except with the consent of the persons entitled or according to an order of the court.
The signature of the persons entitled on the consent to registration of a transaction in these cases will be verified in the same way as a deed of transaction is verified. To the extent that the beneficiary is a corporation, the consent to the registration of the transaction can be verified according to the wording of the verification that refers to Regulation 10 of the Real Estate Regulations (Management and Registration), Nineteen B – 2011 (similar to the verification required when registering and canceling a warning note in accordance with procedure 1.5. 14 H’), thus eliminating the need for inventing a protocol and corporate documents.

1.5. Registration of a warning note regarding an obligation by a person who is not registered in the land registers

A. A request to register a warning note has been submitted based on a written commitment given by someone who is not the registered owner of the right subject to the commitment – the request must be accompanied by a letter of consent to the registration of the note verified by an attorney or a registrar.
The owner’s consent can be given both In a separate document, both in the body of the commitment and on the application form for registering the warning note and it will be verified by an attorney.

b. In the case where the obligation was given by an heir, whose right to the land subject to the note has not yet been registered, the note should not be registered.

third. On the other hand, if the registered owner has appointed a dispatcher – either with a regular authorization or with an irrevocable authorization – and the dispatch is aimed at making a deal with a third party, there is no obstacle to registering a warning note in favor of the third party. Relying on a written commitment given by the sender to that third party.

d. The same is the case when the mission aims to send himself or his command, and the commitment was given by the sender
for the benefit of another person.

God. A real estate owner appointed a consignor to transfer the real estate to the consignor himself, and a request was submitted to register a warning note based on an undertaking given by the consignor to another person – this constitutes a deviation from the consignor and a warning note will not be registered.

and. The same is true when a real estate owner appoints an executor to make a real estate transaction with a third party. only (and not to the third party or to his order) and a request was submitted to register a warning note based on an undertaking given by the shipper or third party To another person – this is a deviation from the mission and a warning note will not be recorded (MK’ 3/87).

1.5. Transfer of a right resulting from the registration of a warning note

A. Section 126 of the Land Law 1969, allows the registration of a warning note, only regarding an obligation made by a “land owner or owner of a right in the land”. Therefore, if a real estate owner or owner of a right in them has made a commitment in an agreement towards A’ make a deal with them and sold to The right he has according to the agreement is not in ‘ may register a warning note according to this agreement.

B. If the owner of the land has given his consent to register a warning note in respect of an obligation by someone who is not registered in the land registers – a warning note will be registered even if the application was submitted at the request of the entitled party (Attias ruling, Supreme Court 68/76). third. If an owner has signed a request for the registration of a warning note, there is no need for a separate consent to the registration, and his signature on the request must be accepted as consent to the registration of a warning note.

1.5. Registration of a warning note according to an obligation that includes conditions
A request was submitted for the registration of a warning note based on an obligation in the agreement that includes a condition, that the entitled person will not request the registration of a warning note – there is nothing in this condition to prevent the registration of a note on at the request of the entitled party. In such a case, the person who committed must be notified of the registration of the comment, by registered mail with delivery confirmation.

1.5. Registration of a warning note according to an expired development agreement
In accordance with the application of the Israel Land Administration (Israel Land Authority) to the commissioner of the registry, it was agreed that it will not be possible to register a warning note according to a development agreement after The end of the period of the agreement.
The Israel Lands Authority will put a seal on the agreement and will state the period of the development agreement, and as mentioned, after the period has passed no warning note will be recorded.

1.5. The Land Law (Strengthening Condominiums Against Earthquake), 2008
Background –
National Outline Plan for Strengthening Existing Buildings Against Earthquakes , known as TMA 38, applies to buildings for which a permit was issued for their construction before 01.01.80 and for which an engineer has determined that they require strengthening against earthquakes, and it establishes planning arrangements to promote the strengthening of buildings against earthquakes. Among other things, TAMA 38 allows for the addition of building rights, including for the purpose of adding housing units to houses as an incentive to strengthen them.
In order to facilitate the realization of the goals of TAMA 38 in condominiums, the Land Law was enacted (Strengthening condominiums against earthquakes ), 2008 (hereinafter – the Strengthening Law), which, among other things, seeks to establish a special mechanism for carrying out transactions in the shared property in order to add a new apartment, and all – under the conditions and stipulations set forth therein.
Background It is expected that the following transactions will be carried out to exercise the construction options in accordance with Article 38 and the Reinforcement Law.
These are transactions between owners of existing apartments, all or part of them, and a developer who will invest in strengthening the condominium, when in return he can build, and possibly also to sell, the additional apartments he will build in the common property of the house.

1. The provision of section 55 (b) of the Land Law, 1969 states that there is no validity to a transaction in the joint property separately from the apartment.
However, it seems that, in light of the special circumstances of the case, there is no obstacle to recording warning notes regarding Obligations for transactions based on the strengthening law, in the joint property section, subject to the following.

2. The obligation of the owners of the existing apartments to transfer parts of the shared property as mentioned, in order to add the new apartments, refers to part of the shared property (the roof or part of it, the floor of the columns at the entrance to the house, etc.). Recording warning notes will be possible in the following cases:

A. According to a written commitment of all the owners, or the owners and tenants for generations, of the apartments in the condominium, when the signatures of the apartment owners on the commitment will be verified by a lawyer in the way that a transaction deed is verified; or –

b. According to an order of the inspector of real estate registration issued according to the strengthening law which may be given when there is a verified written commitment as mentioned, of apartment owners who own, or lease for generations, apartments in the amount determined in section 5 or 5a of the strengthening law as the case may be.
Yes, the other provisions of the law and procedure, regarding warning notes, will apply to this matter, with the required changes.

3. For the avoidance of doubt, it is clarified that if one of the cases listed in Section 2 above occurs, the Land Registry employees will examine the request for registration of the warning note, without being required to check the existence of the conditions listed above.

4. The recording of warning notes regarding an obligation for which conditions as mentioned in section 2 have been fulfilled will be in the common property. In addition to recording warning notes in the shared property, a special note referring to the warning notes must be recorded in each apartment in the joint property (in the cases mentioned in section 2a). or to the warning notes on the joint property and the decree of the supervisor of real estate registration (in the cases mentioned in section 2 b.), before the matter.

5. Warning notes as mentioned in section 4 can be registered for the benefit of anyone for whose benefit the undertaking was given, namely the developer, the buyers of the new apartments or financial institutions providing credit, or for the benefit of a beneficiary as determined by the decision of the supervisor of real estate registration.

6. As for the registrations in the existing apartments, after recording warning notes for the new apartments in the shared property section:

Registering warning notes regarding the transfer of rights in the existing apartments – there is no obstacle to rescheduling, just as there is no obstacle to registering contradictory warning notes.

Regarding the registration of dispositions (sale, transfer of rent, inheritance, mortgage, etc.) in existing apartments whose owners have made a commitment regarding new apartments, or when an order is issued by the supervisor of real estate registration – the commitment to the developer includes a commitment to agree to the reduction of the common property adjacent to the existing apartment, and it carries an obligation A commitment to allow him to register the new apartments in the name of their buyers (usually, through an irrevocable power of attorney that he should receive from all apartment owners). Therefore, the developer’s consent must be produced at the time of registration of the transaction with his signature verified by a lawyer, unless it is proven otherwise to the opinion of the land registrar (such as in the case where it is proven to his opinion that the transferee entrusted an appropriate power of attorney to the developer).

For the sake of good order, it is hereby clarified that in cases where a transaction is carried out in one of the original apartments in the condominium (hereinafter: “the original unit”), and it is requested to transfer to the buyer who purchased the rights in the original unit, also the rights of the seller in the registered unit, it is possible to be satisfied with a tax approval relating to the original unit only .

7. Amending a condominium order –

A. In cases where the parties to the aforementioned transaction do not want to be satisfied with warning notes, but want the records relating to the new apartments to be registered on a separate registry unit even before their construction, it is possible, with the consent of all the owners of the apartments and the rights in the house and subject to the provisions of the law and procedure, to submit to the inspector of real estate registration a request to amend the condominium order , to which all the required documents will be attached.

B. As part of the amendment, some cabin or room will be isolated from the common property and will be defined as an additional apartment, to which will be attached the part of the common property on which the new apartments are to be built (attachment of part of the roof/lobby, to be defined in the deed) and the construction rights granted by virtue of TAMA 38 (amendment to the regulations).

c. The file submitter may not attach a power of attorney to his request to amend the B” registration order, and refer to the power of attorney under whose authority the warning note was registered in favor of the developer in the joint property. In this case, the lawyer submitting the case must indicate in his request the tax number The relevant registration file/deed in which the aforesaid warning note was recorded, as well as stating that all powers of attorney include certification for the requested amendment (when the file was not submitted by a lawyer, a lawyer’s statement as mentioned must be added).
The aforementioned is valid Only in relation to the apartments where no changes were made to the owners of the rights from the time the warning note was registered until the time the file was submitted. As long as there is a change in the owners of the apartments, the specific power of attorney must be attached to the action file.
The above will also apply to TAMA 38 “Phase B”, and also in the case where TAMA 38 is carried out by way of cancellation and registration Restatement of the joint house order.

1.5.Specificity of a warning note – general
A warning note is registered and then the owner of the land requests to divide the plot or register the land in the register of condominiums – the note will be recorded on each of the plots created from the division or on each of the apartments registered in the register of condominiums.
If the owner of the land requested to single out the note for a particular lot or a particular apartment, the request must be accompanied by the written consent of the entitled person. The signature of the person entitled to the consent will be verified in the same way that a signature on a transaction deed is verified by a lawyer.

1.5. uniqueness of warning notes in the registration of a condominium
deleted.
r’ Section 4.1.12.

1.5. Distinction of notes in division registration

A. It was clarified that the procedure included in the existing guidelines regarding the uniqueness of warning notes is that the consent of the owner of the note or his proxy or the lawyer’s statement based on his knowledge is required. Yes No A warning note is recorded in favor of the buyer.

B. As for distinguishing other comments regarding expropriation, antiquities site, regulation 27, etc. – the provisions of section 126 of the Planning and Construction Law, 1965, and regulation 67 of the Land Regulations (Management and Registration), 9 of 2011, determine this matter, and one can be convinced Based on the determination of a qualified surveyor, there is no obligation to apply for the consent of the owner of the note, and everything depends on the circumstances of each case.

1.5. The purchase to a local authority of part of the land subject to a warning notice
A warning notice was registered and then a request is made to set aside part of the land for the benefit of a local authority:

A. If the provision arises from a new subdivision plan according to the Planning and Construction Law and the application for registration of the subdivision has been submitted – according to section 125 of this law – there is no need to obtain the consent of the person entitled to the registration of the provision.

B. On the other hand, if the provision is brought to the register not according to section 125 of the planning law – the consent of the beneficiary must be obtained.

c. When real estate is subject to a warning notice and a request is submitted to register a transaction in that real estate as stated in section 127c of the Real Estate Law, it must be proven: that the transaction is indeed bound by a plan approved according to the Planning and Construction Law, 1965, and that thirty days before the registration of the transaction, a notice to that effect was sent to the beneficiary. /span>If the registrar is presented with a judgment, decision, or order, given by a court that prohibits or prevents the making of the transaction and a record – then they will be entered in the register, regarding the real estate For those concerned, the judgment, decision, or order of the court (in accordance with the provision of section 123(b)(2) of the Land Law) and a notice thereof, in writing, will be sent by the registrar to the person who submitted the request to register the transaction.It was found that In the transaction, the provisions of section 127 (c) of the law, and thirty days have passed from the day the notice was sent to the beneficiary, and no judgment, or court order, has been presented to the registrar, prohibiting or preventing the transaction and its registration – there will be no obstacle to approving the transaction of purchasing part of the real estate, for road purposes or sidewalks or their expansion, despite the warning note.Yes, an affidavit of the applicant registering the transaction will be attached to the file, that the notice was indeed sent, on __________ to the person entitled according to the warning note and the delivery was made by registered mail (hand delivery and confirmation of delivery).
A copy of the plan from which the transaction is committed and a copy of the notification that it was sent (thirty days before the registration of the transaction) to the person entitled according to the warning note, will be filed in the exceptional action file that will be opened upon submission of the request to register the transaction.

1.5.Request for registration of a warning note by dispatch

A. When the request to register a warning note is submitted by the courier, it can only be registered after the courier presents the authorization, as stated in section 3(b) of the courier law.

b. When the commitment document is signed by a courier, it is necessary to attach the power of attorney to the request. State of Israel (unpublished) (The ruling can be found in Aryeh Eisenstein’s book, Foundations and Laws of Real Estate Law, Volume I, p. 361). Judge M. According to the statement:”It is appropriate that in cases where a contract is signed by a courier, already at this early stage the courier must present a legal power of attorney and not be satisfied with the courier’s statement regarding his mission.A warning notice damages the land owner’s property and prevents him from controlling and operating his property. Such an injury should not be permitted based on a statement by someone who claims to be a messenger.Limiting property rights can only be done based on valid documents.It should not be said that before the registrar there is prima facie evidence Based on a statement that is not legally supported by evidence.Therefore, the warning note should not have been registered in the first place based on the incomplete document presented”.The warning note was deleted.From the above it appears that from now on, in any case where a request is submitted for the registration of a warning note, relying on a commitment document signed by a courier, the letter of dispatch must be attached to the request, whether the request was submitted by the courier or whether it was submitted on By the rightful hand.

1.5.Registration of a warning note according to an obligation for the benefit of several beneficiaries

A. A request to register a warning note was submitted by the obligor, and the obligation was given in favor of several beneficiaries, the warning note will be registered for the benefit of all the beneficiaries appearing in the obligation document. In the name of the same beneficiaries or the same beneficiary that the obligee requested to register.

b. A request for the registration of a warning note was submitted by one beneficiary out of a number of beneficiaries in whose favor the undertaking was given, the note will be registered in his name only, and not in the name of the other beneficiaries, even though he requested to be registered in the name of the other beneficiaries (unless he attached a power of attorney).< a i=1>Note: This provision will not apply when the commitment was given in favor of spouses, and the application for registration of a warning note was submitted by one of them. In this case, when one spouse requests to record the note also in the name of the other spouse – the note will be recorded according to his request (together with a copy of the applicant’s ID card attachment).

1.5. Application for registration of a warning note after the appointment of a receiver
A person with a special role is appointed (guardian, executor, receiver, liquidator, special administrator) and a request for registration of a warning note is submitted, the owner’s consent shall be attached to the request The special role.
Aforesaid consent must be attached even if the commitment for which the registration of the warning note is requested was given before the appointment of the holder of the special role.

1.5. Registration of a warning note on the obligation to make a transaction in real estate when a receiver is appointed
In a judgment of the District Court of Jerusalem for “S” (Districts Y-M) 4/88 Kramer N’ The Supervisor of Real Estate Registration, P”M 59(1) 329, discussed a case in which a receiver was appointed to a company registered in the land register.
The court approved a sale transaction in favor of a buyer who sold part of the real estate to a buyer in ‘ With the consent of the collector.Request for the registration of the note in favor of ‘ It was rejected, for the reason that the court did not authorize the receiver to register a note in favor of b. In the judgment, the court stipulated as follows: “Confirmation of the sale by” “The court” has the authority to authorize the receiver to do all the actions accompanying the sale of the property, including submitting a request or giving consent to the recording of warning notes in favor of the entitled person, and the person to whom the entitled person has transferred part of his rights, as long as the owner or the “court” does not expressly disqualify this. ;.

1.5.Registration of a warning note on the obligation of an estate manager or a guardian on behalf of a minor

A. In light of the ruling of the Supreme Court [D”n 17/75 applicable Levy, P”M L(2) 113 (1976)] Verdict for (2) p’
113) An agreement made by a guardian of a minor, for the sale of the minor’s land, must be considered an offer only and therefore a warning note should not be entered based on this agreement, as long as it has not been approved by the court.

b. The same rule will also apply when an estate manager has committed in an agreement to make a transaction in estate land and they want to record a warning note about it, since even an estate manager is not authorized to do an “action whose validity depends on being entered in a register maintained according to law”; Unless the court approved first (Section 97 of the Inheritance Law).
Such an obligation, as ruled by the Supreme Court, is in the nature of “an action whose validity depends on being entered in a register maintained according to law” And as long as it has not been approved by the court, it is considered a proposal only.

1.5.Obligation to register a warning note for the right of a minor
Section 126(a) of the Land Law does not refer to the question of whether a contractual obligation is actually required, which is based on a process of offer and acceptance.
He is satisfied with fulfilling the obligation of the registered right holder. The section speaks of an obligation, which is expressed not only in a contract, but in another document or in an irrevocable authorization. Hence, there is no obstacle to registering a note for a unilateral obligation. Vedoc – In this regard, the question of which party was requested to register the note is important.
In light of the above, it was agreed that a warning note may be registered for an obligation of the owner of the rights in the land for the benefit of the minor, at the request of the owner of the registered right (and not Court approval will be needed to register the warning note). If, on the other hand, the request to register the note is submitted by the entitled person, the minor, then court approval is needed to register the warning note. In any other case, a court’s approval must be requested as a condition for registering a warning note in favor of the minor. a i=6>.

1.5.Registration of a warning note based on a judgment

A. When a request is submitted to register a warning note, and the document attached to the request is a court judgment (whether it is an enforcement judgment or a declaratory judgment), it is possible to register the warning note, on the condition that based on that judgment, the applicant could be registered as the owner right in real estate.

B. The aforementioned note will be registered according to section 126 of the Land Law, 1969.

1.5. Registration of a warning note or foreclosure during the settlement period

A. A warning note or foreclosure submitted for registration after the publication of the schedule of rights and before sending the schedule of rights to the land registrar, will be forwarded to the settlement official for handling; The settlement official will deal with the request or foreclosure, and whenever the question is found to be eligible for registration, he will issue a correction notice according to section 77 of the Real Estate Rights Settlement Ordinance (new version), 1969.
The correction notice will be sent to the land registrar along with the schedule and the documents that served as a basis for the correction notice.

B. A request to register a warning note that contradicts the content of the first warning note will not be registered unless the owner of the previous warning note agreed to it (MK 4/88).

1.5. Deletion of the registration of warning notes to the credit of the Amidar company

A. In the land registries, warning notes are recorded to the credit of the Amidar company regarding the commitment of the apartment buyers to refrain from transferring their rights to others (usually it is indicated in the registry, that the commitment is until a certain date).

B. In letter no. 3408 dated March 18, 1991, the company announced its agreement to delete comments under the following conditions:

1) The commitment period was specified in the registry – and the deadline has passed.

2) If during the work a warning note is found for which the commitment period was not specified in the register and three years have passed from the date of its registration, it can be deleted from the register even if no request was submitted to delete the note.
It was found, therefore, during The work, comment as stated in sections (1), (2) must be deleted.

1.5.Registration of a warning note in favor of a mortgage bank
When a request is submitted to register a warning note in respect of an obligation given by the land owner in favor of a mortgage bank to secure a loan that the bank gives to the borrower (who is usually purchasing an apartment from the land owner ), the name of the borrower must be entered in the land register in parentheses.
The wording of the entry will be as follows:
“Cautionary note according to section 126 of the Land Law, 5969-1969< /span>Indicating the name of the borrower will make it easier for interested parties (usually the mortgage banks) to locate the notes, as well as for the bureau when registering the house in the register of condominiums and distinguishing the warning notes for each apartment.for the amount of ___________ bill ___________ dated ___________” .                        (name of the bank)                                         (name of the borrower)
For the benefit of the entitled ____________ (the borrowers – _________________)

1.5. Registration of a warning note for her mortgage according to a power of attorney
A request was submitted for the registration of a warning note in respect of an obligation to her mortgage, in respect of a loan received by the buyer of an apartment, relying on an irrevocable power of attorney that authorizes the courier to act to carry out the operations necessary to transfer the property rights in the apartment to the buyer, but does not include an express authorization to register a warning note for its mortgage – the request can be granted. Restriction on authorization – on any action reasonably necessary for the proper performance of the subject of the mission, and taking a loan for the purpose of the purchase is considered an action that meets the above.

1.5. Registration of a warning note in respect of a loan received by a disabled person or an immigrant
In a judgment given in the District Court in Tel Aviv on 25.3.76 (E”S 13/76) the question of whether an immigrant who receives a loan and The same loan has a warning note about the obligation to register its mortgage by the owner of the land (who is not the immigrant) – liable or exempt from fee.
The Magistrate’s Court decided to exempt the immigrant from fee.
Accordingly, a fee must be waived for registering a warning note on an obligation to register a mortgage, even if the disabled person or the immigrant is not the owner of the land, provided that the obligation to register the mortgage was given in respect of a loan received by the disabled person or immigrant. the accepted certificate of being disabled.For an immigrant – a certificate must be obtained from the Appreciation Tax Administrator that in favor of the real estate he purchased was exempted from additional tax according to Rule 12 of the Real Property Appreciation Tax Regulations (Additional Tax), 1974 and an affidavit of the immigrant that the loan whose guarantee was recorded with the warning note about the obligation to register her mortgage, is used as a guarantee for the payment of the price of the apartment. Such certificates were not produced, the fee will be paid, and upon production of the certificates it will be returned.

1.5.Verification of signatures of the entitled person on a request to delete a warning note or on consent
The signature of the entitled person on his consent to registration in a transaction that contradicts the content of the note, as well as the signature of the person entitled to delete the note – will be verified in the same way that a signature on a transaction deed is verified.< /span>

1.5. The fee for deleting a warning note
R’ The land regulations (fees), Israel” of 1974.

1.5. Canceling a warning note according to section 132(a)(1) of the Land Law, 1969
It was agreed with the tax administrator that he is entitled according to a warning note who requests to cancel the registration of the note Warning in the register, it will not be required to provide a tax certificate.

1.5. Cancellation of warning notes for banks’ right to mortgages
Requests to cancel the mortgage of the banks and the insurance companies Migdal, Fenix, Clal Insurance and Menorah will be submitted on a security form only that meets the criteria established by the Ministry of Finance.< /span>

1.5. Deletion of a warning note regarding nursing homes
This is about cases where warning notes are recorded in favor of deceased nursing home residents, and it is requested to delete the warning notes, in accordance with the provision of section 132 of the Land Law, when it is not possible to locate the All the heirs to obtain their consent to the deletion and the claim that the reason for the comment is invalid. In these cases, it is necessary to check the obligations that served as a basis for recording the warning notes, and among other things, that it is an “interested party”, if there is a power of attorney to delete the notes (which are usually given at the time of signing the contract, so deletion based on the power of attorney is the king’s way in this matter), a statement A lawyer who submits the request for deletion regarding the existence or non-existence of inheritance orders and/or will maintenance orders of the beneficiaries of the warning notes (after checking in the offices of the general guardian and on the website of the registrar of inheritance matters). Death certificates, an affidavit from a qualified person at the nursing home, as well as an affidavit from at least one of the heirs and/or heirs entitled to inherit must also be submitted for the request to delete the note. In some cases, it is also possible to order the publication of a press release. Yes, everything necessary for the opinion of the land registrar, in the specific case, must be requested for the purpose of deleting the warning note.

1.5.Registration of a comment on the restriction of kosher according to section 129 of the Land Law, 5769- 1969 – according to the request of the “Fund for the Treatment of the Confidential”

A. In the regulations file no. 3663 dated February 10, 1977, a decree of the Minister of Justice was published called the “Order of Endowments for Charitable Needs (Treatment Fund for Privates)”, Israel, 7 – 1977. Based on this decree and in accordance with the Ordinance on Endowments for Charitable Needs, Mr. Amram Blum, the General Custodian in Israel (“the Founder”), established an endowment for charitable needs called the “Fund for the Care of the Confidential” whose purpose is not to make profits or derive any benefit. The endowment deed was signed on January 4, 1977 before the endowment supervisor.

B. Upon the appointment of the foundation, by the district court, as the guardian of the property of a private person, it verifies whether there is a property registered in his name in the land register and works to register a comment on the restriction of kosher, according to section 129 of the Land Law, 5969-1969, in order to prevent a transaction in the land These in the future, without the foundation’s consent.

third. In the meeting with the secretary of the foundation, it was agreed that the following documents would be attached to the 066 requests:

1) Order of the District Court.

2) Request for information on a copy of case documents, deed or historical draft and payment of a legal fee.

1.5.Registering a note on the appointment of a guardian in the property of a private person

A. Attention is drawn to Regulation 10 A of the Legal Training and Guardianship Regulations (Procedure and Execution), 1970, which states: 10 A.

1) If the guardian learns that there are real estate or other assets in the assets of the client that are managed in accordance with any law, registers used to register ownership rights, he will make sure that a note about the appointment of a guardian is entered in them.

2) The person in charge of registration will make a note as stated when the appointment order is submitted to him.

B. When the court appoints private individuals as guardians of the confidential, they will register their names as beneficiaries in a note, citing no. The identity card of each beneficiary (if indeed this detail was specified in the order).

c. The date of the court’s decision mentioned when registering the note is the date the judge signed the order, and not the effective date of the appointment sometimes indicated in the body of the order (1/99).
D. No fee shall be charged for registering a comment in accordance with this regulation.

1.5.Cancellation of comments regarding the appointment of a guardian due to a confidential death

A. In Sipa to section 62 of the Legal Training and Guardianship Law, 1962, it was established that guardianship of a confidential person expires upon the confidential person’s death.

B. Before the registration of the confidential inheritance, the note on the appointment of a guardian will be deleted at the request of the guardian or at the request of another person (heir) with the consent of the guardian and the death certificate.

third. At the time of the inheritance or after the registration of the inheritance – if the guardian is one of the heirs, the note on the appointment will be deleted. If he is not the heir, a notice will be sent to him about its deletion.

d. In special cases where the applicant claims that receiving the guardian’s consent is conditional on the guardian (for example, for payment), a message will be sent to the guardian.

God. In light of a request on behalf of the general guardian, it will be clarified that in cases where a note was recorded in the land registry about the appointment of a guardian for a private, the private has passed away, and the general guardian has been appointed as the manager of the deceased’s assets – it is possible, at the request of the general guardian, to delete the note recorded during the guardianship period and enter a new note, as requested (Mk 39; 9/94).

1.5. Registering a notice regarding the appointment of a receiver
A receiver is appointed by the head of the executor, and the notice regarding the appointment was directed to the land registrar by the executor, the registration of the appointment will be fee-free, even if the notice was delivered to the office directly by the collector (2/95).

1.5.A request for the registration of a receiver’s order conditional on the deposit of a bond by the receiver
In any case where the order appointing a receiver issued by the court is conditional on the deposit of a bond by the appointed receiver, it must be verified that a bond has been deposited The guarantee as required (either in the confirmation that will be attached or in the stamp stamped on the order of appointment), before making the recording of the note regarding the appointment.

1.5.Registration of warning notes and/or encumbrance according to the arrangement between the Ministry of Finance and the Center for Contractors and Builders in Israel

A. Section 50 of the Real Estate Taxation Law (appreciation and purchase) states that the sale of a right in real estate or an action in a union whose profit is subject to income tax assessment, will be exempt from appreciation tax.
Appraisal approval on the back of Form 5340 (Form 50) is a condition for granting the exemption from appreciation tax and transferring the right to the land in the name of the buyer.
In cases where the contractor has not fulfilled his obligations towards the tax authorities, the approval will not be given and the apartment buyers will not be able to register their right in the land registers.

B. In order to improve the service to the public and provide security for the buyers of the apartments in the land, it was agreed, in the opinion of the authority’s management, that a contractor could receive forms 50 in advance regarding properties he is about to sell if he fulfilled one of the conditions detailed in the arrangement made with the Center of Contractors and Builders in Israel.

third. According to this arrangement, the contractor can register a warning note in favor of the state regarding one or more units in the project under construction and/or pledge a certain percentage of the project’s value. Registering a note as above is one of the conditions specified in the aforementioned arrangement.

1.5.Renewal of registration and first registration

1.5. Renewal of registration – provisions of the Land Law, 1969

Section 135 – Right to renewal of registration
Real estate whose registration has been destroyed or blurred, any claimant has a right to them, as well as the Attorney General or his representative may request renewal of registration.

Section 136 – Publication and objection

(a) Notice of a registration request under this chapter shall be published in the records.

(b) Any person interested in the matter as well as the Attorney General or his representative who did not submit the application may submit to the inspector an objection to the registration within sixty days from the date of publication of the notice.

Section 137 – The decision on a registration or renewal request

(a) The inspector will decide on the registration request according to this article after giving the parties an opportunity to assert their claims and bring their evidence; He may deviate from the rules of evidence if he was convinced that this would be useful for discovering the truth; decided to deviate from the rules of evidence, he will write down the reasons that motivated him to do so.

(b) The inspector’s decision shall be in writing, shall be reasoned and shall be provided to each of the parties. Section 139 – The power of the registration A registration according to this article will be prima facie evidence of its content; It does not prevent a settlement according to the Ordinance for the settlement of rights in real estate [new version], 5789-1969.

Section 140 – Limitation of Applicability
The provisions of this article shall not apply to real estate for which records may not be made in accordance with Article 35 of the Ordinance on Settlement of Rights in Real Estate [new version], 569-1969. a>

1.5. Registration Renewal – Provisions of the Real Estate Regulations (Management and Registration), Nine” of 2011

Rule 44 – Application for renewal of registration

(a) A request to renew a registration shall be submitted to the inspector through the registrar in whose office the real estate was registered before the registration was destroyed or blurred.

(b) The application shall be accompanied by –

(1) An extract from the previous registration of the real estate, title deed, registration certificate or any other document attesting to the registration of the real estate before it was destroyed or blurred;

(2) a list detailing the name and address, as far as the address is known to the applicant, of every person who has a right to that real estate that requires registration in the register;

(c) Affidavit to verify the documents mentioned in paragraph (1) and the list mentioned in paragraph (2).

(d) The applicant shall produce any other document necessary, in the inspector’s opinion, to render a decision on the application.

Rule 46 – Delivery of notice to the owners of the rights
In addition to the publication of a notice in the records, as stated in section 136(a) of the law, a supervisor orders the delivery of a notice of a request under this article to any person other than the applicant who is included in the list attached to the application as having a right to the land (with this sign – interested), as well as to the Attorney General if the application was not submitted on behalf of the state, and he is authorized to order the publication of the application in newspapers.

Rule 47 – Filing an objection

(a) Objection to registration, renewal of registration or correction of registration requested according to regulations 43 to 45, shall be submitted in two copies and one copy attached to each interested party; A previous application or objection has been submitted, by several applicants or objectors, but one copy shall be attached to all those applicants or objectors.

(b) In the objection letter it will be stated –

(1) the name of the objector, his identity number, address and address for delivery of documents;

(2) A concise presentation of the opponents’ claims.

(c) A copy of the letter of objection will be delivered on behalf of the inspector to anyone interested.

Rule 48 – Issuance of a registration order in case no objection has been submitted
The period for submitting an objection established in section 136 (b) of the law has expired, and no objection has been submitted, and the inspector is convinced that it is proper to register the real estate, renew their registration or correct the existing registration, as requested, will issue an order for their registration, renewal of their registration or correction of the registration, as the case may be.

Rule 49 – Hearing when an objection is filed

(a) The period for submitting an objection stipulated in section 136 (b) of the law has expired, and an objection has been submitted, an inspector will set a date for the hearing and invite the applicant and the objector.

(b) During the hearing, an inspector will first hear the arguments of the opponent and then the arguments of the applicant; The inspector may, as far as he deems necessary, allow the opponent to respond to the applicant’s claims.

(c) The inspector may, at any stage of the proceedings under this article, order the submission of written claims, in addition to or in place of the oral claims.

Rule 50 – The inspector’s decision

(a) The inspector heard the arguments of the opponent and saw that there is no prima facie reason to justify rejecting the application, he may issue the order to register the land as requested without hearing the arguments of the applicant.

(b) At the end of the hearing, the inspector may issue an order to register the land, renew the registration or correct the existing registration, as the case may be, or reject the application.

Rule 52 – The content of the order
In the order to register real estate, to renew the registration or to correct the existing registration according to this article, all the details that will be included in the registration of the real estate, in their re-registration or in the correction of the existing registration shall be specified, including the details regarding the ownership , lease rights, mortgages, usufruct relationships and all other rights recorded in the registers.

Rule 53 – Execution of the registration
An order is given according to this sign, and there is no further appeal or appeal against it, the inspector will transfer it to the registrar and the registrar will register
the real estate according to instructions The order.

1.5.Renewal of registration – fee
According to the provisions of the Land Regulations (fees), of 1974 – “Renewal of registration, according to section 135 of the law – exemption from fee.”

1.5. Registration Renewal – Definitions
Defining the cases in which actions for renewing registration in the land registers must be taken:

A. When the registration page or a part of it or any registration has been destroyed, lost or blurred and it is not possible to restore the registration according to the basic documents and the book of bills kept in the office (or in the archives of the authority).

B. When the registration page or part of it is blurred in a way that cannot be restored.

1.5. The documents that must be attached to the application for renewal of registration

A. The applicant must contact the inspector through the registrar in whose office the real estate was registered. BApplication for registration of real estate The applicant shall describe the real estate and also specify the interest he has in the real estate (owner, heir, etc.) and also specify any person who has a right to that real estate other than the applicant.

B. An extract from the previous registration of the real estate, deed of sale, title deed, registration certificate or any other document that indicates the registration of the real estate before it was destroyed or blurred. The applicant did not have the original documents but only copies of them, he will indicate this in the application and specify, as far as he knows, where the original documents are kept.

third. A list detailing the name and address, as far as the address is known to the applicant, of every person who has a right to the same real estate, which requires registration in the register.

d. A copy of the real estate registration in the property tax and compensation fund records, which will include details of the registered owner, the date of registration and the plot area; or a confirmation from the property tax and compensation fund manager or on his behalf that the real estate is not registered in his registers; What is stated in this paragraph shall not apply if the request is submitted on behalf of the state.

God. A copy of the land registration in the registers of the local authority in whose area the land is located, which will include details of the registered owner, the date of registration and the area of ​​the plot, or a confirmation on its behalf that the land is not registered in its register.

and. Approval from the director of the Israel Mapping Center regarding involuntary actions on the land, such as expropriation or parcelling.

G. Confirmation by the director of the Israel Mapping Center, that the land is within the boundaries of the State of Israel (when there is doubt about this).

H. Confirmation from the land settlement official that settlement procedures are not being carried out on the land.

ninth. Affidavit of the applicant to verify all the facts, details, documents and lists attached to the application.

J. Affidavit of another person to support the request and the right of the applicant and/or the owner of the land.

11 If the applicant is an heir, or a proxy or a corporation, he will attach to the request an inheritance order or powers of attorney or the corporation’s documents that testify to its existence – depending on the matter.

12. Any other document necessary, in the inspector’s opinion, to render a decision on the request.

1.5.Renewal of registration – actions of the registrar

A. He will check the application and make sure that all the details in it have been filled in correctly and that all the necessary documents have been attached according to regulation 44, including the affidavit.

B. If the applicant is represented by a power of attorney, he will verify that the power of attorney is legally approved.

third. will open an action case of “registration renewal” and will give him an unusual number.

d. He will carefully check the land registers for the correctness of the request to make sure that the registration page or a part of it, or that any registration that is requested to be renewed has indeed been destroyed, lost, or blurred in a way that cannot be restored. Such a check is necessary to ensure against duplicate registrations.

God. will check the details of the records from the action file that was used as a foundation in the name of the renewal applicant. Once the inspection is complete, the registrar will indicate the results of the inspection in the envelope of the file – “registration destroyed”, “registration lost”, “registration blurred” – As applicable.

and. will verify with the settlement official that the real estate is not in settlement proceedings.
If it is found that the land is in settlement proceedings, the registration must not be renewed (as stated in section 140 of the Land Law) unless the settlement official has allowed it.

G. Where there is doubt as to whether the land is within the borders of the State of Israel (especially in the entries in the old system registers), the issue will be checked with the Israel Mapping Center.

H. The Israel Mapping Center will find out if there have been no changes in the definition of the property (unification, division, corrections of area and borders, etc.).

ninth. He will transfer the file with all its documents to the authority’s management, making sure that the records mentioned above, and especially the record mentioned in section (e) above, are indicated on the cover of the file.

y. Since many data relating to registers whose registration has been destroyed, lost or blurred as well as other data are concentrated in the authority’s management (microfilm, registration renewal files, etc.), the request will be checked in comparison with the available data.

11 The file will be returned to the bureau and forwarded to the inspector for further processing.

1.5.Renewal of registration – actions of the inspector

A. The inspector will review the application and prepare a notification for renewing the registration according to the example in Appendix No. 12. A copy of the notice will be sent, along with a cover letter according to the example in Appendix No. 13 (a) (b) (c), for the following:

(1) to a system of records for publication;

(2) to the Attorney General (if the request was not submitted on behalf of the state);

(3) to the Israel Land Authority;

(4) to the custodian of absentee assets;

(5) to any person included in the list attached to the application as having a right to the land other than the applicant;

(6) To the Israel Mapping Center, 1 Lincoln St. Tel Aviv.

B. will follow the publication and from the date of publication will count 60 days.

c. 60 days have passed, and no objection has been submitted, and the inspector is convinced that it is proper to renew the registration as requested, he will issue an order to renew the registration in such a way that the registration will be returned to the same volume and page in the unregulated land register, or to the appropriate page in the regulated land register and will specify all the details that will be included in the renewal of the registration as stated in Rule 52 above.
An example of the wording of the order – inAppendix No. 14.

d. The renewal of the registration will be in the name of the last owner(s) of the right as it was registered in the register, even if he died or even if he sold his rights to someone else. Renewing the registration and in the usual way.

e. The signed order together with the action file will be returned to the bureau
Copies of the order will be sent:

(1) to the applicant;

(2) to the Authority’s management;

(3) To the settlement official – in unregulated real estate.

and. An objection has been submitted, it will be dealt with as stated in regulations 49 and 50 above and according to the results the order will be issued.

1.5.Partial registration renewal

A. Ownership registration –
If a request for renewal of registration is submitted by one of the joint owners, and not by all the owners, the registration will be renewed in the name of the owner who submitted the request only, even though the applicant specified in his request the names of the other owners.
The registration in the name of the other owners will be carried out only after taking all the procedures to renew the registration (publication in the records, etc.), since it is possible that the owner who did not join the request sold his right to another and the land was transferred and registered (before the registration was lost or destroyed or blurred) after the same name.

b. Registration of lease and other liens –
The same rule mentioned above in section a. It will also apply when the request to renew the registration was submitted by a lessee out of a number of lessees, or by a lien holder out of a number of lien rights holders. The lessee, or the owner of the right of encumbrance, while in the ownership column it will be written: “requested renewal of registration” (without mentioning the name of the owner).

1.5.Recording a note in the register after renewing the registration
After the registration has been renewed, the following note must be entered in the register in the “Notes” column, in the column where the registration was renewed, (both in the bill register and in the register of rights):
“The registration was renewed according to section 137 of the Land Law and it constitutes prima facie evidence of its contents.”

1.5.Renewal of registration – registration of real estate, which is given to a public authority due to expropriation

A. When real estate is assigned to a public authority by operation of law [such as: according to section 19 of the Land Ordinance, Purchase for Public Purposes- 1943; Section 2 (c) of the Real Estate Acquisition Law (Approval of Operations and Compensations), 2033 – 1953; Section 5 of the Roads and Railways (Defense and Development) Ordinance – 1943; Section 125 of the Planning and Construction Law 1965] and the registration of that real estate was destroyed or obscured in such a way that a renewal of registration is required – the transfer shall be recorded, on a new page, according to the provisions of the section in the legislation by virtue of which the land was vested in the public authority and Section 123(b)(3) of the Land Law 1965 9 – 1969 (and not in proceedings according to point C of Chapter 9 of the Land Law).

B. If the real estate, as mentioned above, was registered in the deed register (the old system) – the expropriating authority must be requested to submit to the registrar:

(1) Written confirmation from the settlement official that the real estate has not been settled;

(2) A map for registration purposes, prepared by a surveyor as defined in the Measurements (Measurements and Mapping) Regulations, 2016.

(3) Confirmation by the district surveyor, that the map according to the legislation by virtue of which the real estate was granted to the public authority indeed corresponds to the map for registration purposes. , as stated in the expropriator’s legislation and according to the details that will be provided to him by the district surveyor.

In the column “the nature of the action” will be registered – the purchase according to the law ______ ____ year _____ p’ _____;

In the “Owner Name” column It will be recorded – the name of the public authority, to which the real estate was granted;

In the “part” column will be registered – the part, as stated in the expropriating legislation;

In the “area” column The area specified in the table of rights, or on the map of the registration block, will be registered next to each of the plots that make up the expropriated real estate.

1.5.Recovery of registration – definitions
Defining the cases in which it is not necessary to take actions of renewal of registration:

A. When the registration page or a part of it is unfit for use, either due to wear and tear or due to damage or some other reason, however it is readable and there is no doubt about the content of the registration.

B. When the registration page or a part of it has been destroyed or lost or blurred and there is a possibility to restore the registration according to the basic documents kept in the bureau (or the authority’s archive) and the bill book.

third. When any registration is mistakenly deleted either due to an error by the registrar or due to an error arising from the documents that served as the basis for the registration.

1.5.Registration recovery – actions

A. An action file will be opened for each registration restoration operation. The application will be attached to the file (if it was submitted by the owner of the right) or a protocol from the registrar will be attached (if the restoration was initiated by him).

B. A request to restore the registration can be submitted by the right holder and can be done at the initiative of the registrar.

c. The file will be forwarded to the inspector for approval.
If the inspector has approved the restoration of the registration, it will be recorded in the notebook in the “Notes” column. In the column where the registration was restored “The registration was restored.”

d. The month of registration from a worn or blurred page, a note will be entered in the “Notes” column. on the new page: “The original page is saved in the _______ notebook” and on the original page – a line will be moved at the end of the last line of the registration, and a comment will be written in the “Comments” column. – “The entry has been copied to a new page in the ______ register”.

God. The worn or blurred pages must be kept and stored in a special register that will be used for this purpose, and ensure that they will not be used in the future.

1.5. Notebooks or double pages

A. A registration renewal operation was performed (due to the loss of the register or page) and then the original register or page is found, the inspector will make a comparison between the original register or page, and the register or page whose registration was renewed.

B. It is found that there is no contradiction, all actions done in the registration renewal register must be transferred to the original register and noted in the “comments” column. – “Transferred from the registration renewal register in accordance with the instructions of the inspector dated ________”.

third. In the registration renewal register or the registration renewal page, you must indicate in the “comments” column – “The entry was copied to the original register ________” And so on, put it away and ensure that it will not be used in the future.

d. It is found that there is a contradiction – the person in charge of the registry must be notified.

God. Original registers that were not under the control of the bureau (such as registers that were under the control of the Jordanians or Egyptians) and were returned to the bureau, instructions must be received from the supervisor of the registry regarding how to handle them.

and. The superintendent of the registry will compare the entry with the microfilm in any case of the purchase to the guardian of absentee property, or settlement, or any action according to legislation if the last owner listed in the original register is the correct one and not “skipped” On it when renewing registration. For this purpose, the supervisor will contact the competent authority and bring the facts to their attention.

1.5.First registration – the provisions of the Land Law, 1969

Section 134 – Right to first registration

Real estate that is not yet registered in the land registers, any claimant of a right to them may request their registration.

Section 136 – Publication and objection

(a) Notice of a registration request under this chapter shall be published in the records.

(b) Any person interested in the matter as well as the Attorney General or his representative who did not submit the application may submit to the inspector an objection to the registration within sixty days from the date of publication of the notice.

Section 137 – The decision on a registration or renewal request

(a) The inspector will decide on the registration request according to this article after giving the parties an opportunity to assert their claims and bring their evidence; He may deviate from the rules of evidence if he was convinced that this would be useful for discovering the truth; decided to deviate from the rules of evidence, he will write down the reasons that motivated him to do so.

(b) The inspector’s decision shall be in writing, shall be reasoned and shall be provided to each of the parties.

Section 139 – The power of the registration
Registration according to this sign will be prima facie evidence of its content; It does not prevent a settlement according to the Ordinance on Settlement of Rights in Real Estate [new version], 1969.

Section 140 – Limitation of applicability
The provisions of this article shall not apply to real estate for which registrations may not be made in accordance with section 35 of the Ordinance on Settlement of Rights in Real Estate [new version], 1969. a>

1.5.First registration – the provisions of the Land Regulations (Management and Registration), nine” in 2011

Rule 43 – Application for first registration

(a) An application for the first registration of real estate shall be submitted to the inspector through the registrar in whose office the said real estate is located.

(b) The application shall be accompanied by –

(1) The land deed prepared by a surveyor as well as a booker and approved according to the provisions of the Measurements (Measurements and Mapping) Regulations, 2016, signed by all the owners of the rights in the adjacent land, with the signatures verified by a lawyer. It was not possible for the person making the request to sign the owners of the rights in the adjacent land as mentioned, he will attach to the request a detailed and reasoned affidavit regarding the reasons for this.

(2) A general description form of the land signed by the Israel Mapping Center detailing the boundaries of the land, for the inspector’s opinion.

(3) A copy of the real estate registration in the property tax and compensation fund records, or a confirmation from the property tax and compensation fund administrator or on his behalf that the real estate is not registered in his registers. The provisions of this paragraph shall not apply to a request submitted on behalf of the state.

(4) Documents proving the rights of the applicant regarding the real estate subject of the application.

(5) A list detailing the name and address, as far as the addressee is known to the applicant, of any person other than the applicant, who has a right to the same real estate that requires registration in the register.

(c) The applicant shall submit any other document necessary, in the opinion of the inspector, to render a decision on the application.

Rule 46 – Delivery of notice to the owners of the rights
In addition to the publication of a notice in the records, as stated in section 136 (a) of the law, a supervisor orders the delivery of a notice of a request under this article to any person other than the applicant who is included in the list attached to the application as having a right to the land (with this sign – interested), as well as to the Attorney General if the application was not submitted on behalf of the state, and he is authorized to order the publication of the application in newspapers.

Rule 47 – Filing an objection

(a) Objection to registration, renewal of registration or correction of registration requested according to regulations 43 to 45, shall be submitted in two copies and one copy attached to each interested party; A previous application or objection has been submitted, by several applicants or objectors, but one copy shall be attached to all those applicants or objectors.

(b) In the objection letter it will be stated –

(1) the name of the objector, his identity number, address and address for delivery of documents;

(2) A concise presentation of the opponents’ claims.

(c) A copy of the letter of objection will be delivered on behalf of the inspector to anyone interested.

Rule 48 – Issuance of a registration order in case no objection has been submitted
The period for submitting an objection established in section 136 (b) of the law has expired, and no objection has been submitted, and the inspector is convinced that it is proper to register the real estate, renew their registration or correct the existing registration, as requested, will issue an order for their registration, renewal of their registration or correction of the registration, as the case may be.

Rule 49 – Hearing when an objection is filed

(a) The period for submitting an objection stipulated in section 136 (b) of the law has expired, and an objection has been submitted, an inspector will set a date for the hearing and invite the applicant and the objector.

(b) During the hearing, an inspector will first hear the arguments of the opponent and then the arguments of the applicant; The inspector may, as far as he deems necessary, allow the opponent to respond to the applicant’s claims.

(c) The inspector may, at any stage of the proceedings under this article, order the submission of written claims, in addition to or in place of the oral claims.

Rule 50 – The inspector’s decision

(a) The inspector heard the arguments of the opponent and saw that there is no prima facie reason to justify rejecting the application, he may issue the order to register the land as requested without hearing the arguments of the applicant.

(b) At the end of the hearing, the inspector may issue an order to register the land, renew the registration or correct the existing registration, as the case may be, or reject the application.

Rule 52 – The content of the order
In the order to register real estate, to renew the registration or to correct the existing registration according to this article, all the details that will be included in the registration of the real estate, in their re-registration or in the correction of the existing registration shall be specified, including the details regarding the ownership , lease rights, mortgages, usufruct relationships and all other rights recorded in the registers.

Rule 53 – Execution of the registration
An order is issued according to this article, and there is no further appeal or appeal against it, the inspector will transfer it to the registrar and the registrar will register the real estate according to the instructions of the order.

1.5. First registration – the documents that must be attached to the application for first registration

A. Application for land registration, signed by the applicant and verified by a lawyer.
The application will include a detailed explanation of the matter and/or the right the applicant has in the land.

b. The land deed prepared by a surveyor as defined in the Measurements Regulations (Measurements and Mapping), 2016. and signed and confirmed as fit for registration in accordance with the provisions of the Surveying Regulations (Surveying and Mapping), 2016, signed by all the owners of the rights in the adjacent land, with the signatures verified by an attorney.
The applicant did not manage to sign The owners of the rights in the adjacent land as mentioned, will attach to the request a detailed and reasoned affidavit regarding the reasons for this.
Note: Be careful and check the date of approval of the map by the Israel Mapping Center.
If and three years have passed – the draft is not valid (Section 32(b) of the Measurements (Measurements and Mapping) Regulations, 2016). of the land” Signed by the Israel Mapping Center, in which the boundaries of the land were detailed, for the inspector’s opinion.

c. Documents that prove the applicant’s rights regarding the real estate subject of the application.
The applicant did not have the original documents but only copies of them, he will indicate this in the application and specify, as far as he knows, where the original documents are kept.

d. A list detailing the name and address, as far as the address is known to the applicant, of every person who has a right to adjacent real estate, which requires registration in the register.

God. A list detailing the name and address, as far as the addressee is known to the applicant, of any person other than the applicant, who has a right to the same real estate, which requires registration in the register.

and. A copy of the real estate registration in the property tax and compensation fund records, which will include details of the registered owner, the date of registration and the plot area; or confirmation of the property tax and compensation fund manager, or on his behalf, that the real estate is not registered in his registers. What is stated in this paragraph shall not apply if the request
is submitted on behalf of the state.

G. A copy of the land registration in the registers of the local authority in whose area the land is located, which will include details of the registered owner, the date of registration and the area of ​​the plot, or a confirmation on its behalf that the land is not registered in its register.

H. Confirmation by the director of the Israel Mapping Center, that no involuntary actions such as:
expropriation, parcelling, etc., have been carried out on the land.

ninth. Confirmation by the director of the Israel Mapping Center, that the land is within the boundaries of the State of Israel (when there is doubt about this).

J. Confirmation of the guardian on absentee assets (if necessary).

11 Confirmation from the real estate settlement agent, that settlement procedures are not carried out on the real estate.

12. Affidavit of the applicant to verify all the facts, details, documents and lists attached to the application.

13. Affidavit of another person to support the request and the right of the applicant and/or the owner of the land.

Hand. Any other document necessary, in the inspector’s opinion, to render a decision on the request.

1. Various

1.6.Cancellation of land types

Cancelled. r’ Section 5.14.1.

1.6.The provision of the law – Section 154 of the Land Law, 1969

Cancelled. r’ Section 5.14.1.

1.6. Submitting the application – Section 154 of the Land Law, 1969

Cancelled. r’ Section 5.14.1.

1.6. Registrar’s actions – Section 154 of the Land Law, 1969

Cancelled. r’ Section 5.14.1.

1.6. The legal background to section 157 of the Land Law, 1969

cancelled.

1.6.Section 157 – Repeal of attached properties
It is stipulated in section 157 of the Land Law, 5769 – 1969, that “buildings or plantings (hereinafter – attached properties) on the eve of the commencement of this law were separately registered from the land in the name of one person, will be registered in his name as one unit, and the separate registration will be cancelled. “Hence, when the registry employees locate sites in the connected land registers that are registered separately from the land in the name of one person (by the way, submitting a request for service, such as: perusal, preparation of a certified copy, registration of a transaction, registration of inheritance, or other action) it is incumbent on the land registrar to register First, those connected in the name of that person, as one unit, and cancel the separate registration.

1.6. Section 157 – Clarification of the identity between the owner of the land and the owner of the attached property
If the land and the attached property were registered separately in the name of the same person, without specifying an identity number – It must be proven that the owner of the land is indeed the same as the owner of the bonds, according to affidavits that will be presented to the registrar, as is customary. The obligation to cancel the separate registration of connected persons and register them as a single unit applies, as mentioned, only to those connected persons who were registered separately from the land in the name of one person.

1.6.Section 157 – The wording of the entry in the registers

A. On the page, where records are connected, it will be noted – “The separate registration has been canceled, as stated in section 157 of the law.
See the consolidation of the registration on page no. _____ Volume No. ______ and/or in part ______ Block _______”.

B. On the page where the land is registered, it will be noted – “Registered as one unit, as stated in section 157 of the law. See the cancellation of the separate registration on page no. ______ and/or in part ______ Block _______” And only after that can the interested party be given the requested service.

1.6.Section 157 – Attached property and land registered separately in the names of different people
When the land and attached property are registered as separate properties in the names of different people – there is no obligation to register the two properties as one unit and cancel the registration the separate of those connected, and in any case it is possible to provide services to those interested in such assets, in accordance with the law and as stated in the regulations.
However, it is possible to register two separate properties (of different people) as one unit and cancel the separate registration, using An act of sale or by relying on the written consent of the owners of the separate properties whose signatures have been verified in the same way as a deed of transaction is verified or by order of a competent court.

1.6.Section 157 – Obligatory payments
Since beyond the operation, as mentioned, there is a “sale” As defined in section 1 of the Real Estate Taxation (Praise and Purchase) Law, 1963, 5733 – 1963, the request for registration must also be accompanied by certificates from the real estate tax administrator on the payment of purchase tax and appreciation tax, or exemption from them, as well as certificates from the property tax administrator and the head of the local authority on Disposal of the property tax and the mandatory payments that apply to the property owners.

1.6. Registration of attached properties and their description in the schedule of rights
As is known, the provision of Section 157(b) of the Land Law – which requires the consolidation of the registration of land and attached properties separately registered in the land registers, when the land is registered separately in the name of a& #39; And the connected ones are listed separately by name in ‘. The act of consolidation in the registration is done by way of sale when both parties, the owner of the right to the land and the owner of the right to the connected property, have agreed to it. One for ground and connected.

Real Estate Regulations (Management and Registration)

2.Organization of the registry

2.1.Real estate registered in the name of the High Commissioner as trustee for the Government of Israel – adjustment of records

A. According to the provision of section 1 of the State Property Law, 1951, real estate that was on the day of Bayer 588 (14.5.48), the property of the High Commissioner, whether as a trustee for the government of the Land of Israel or otherwise, are the property of the authorities of the Land of Israel; And in section 2 of the same law it is established that the assets of the authorities of the Land of Israel are the assets of the State of Israel from the day of Bayer 5/15/48

B. Therefore, in any case where land registered in the name of the High Commissioner is dealt with, the records must be adjusted and the name State of Israel must be entered instead of the High Commissioner.

c. The registrars must locate the registration and register the State of Israel instead of the High Commissioner.
For real estate, which was registered in the name of the High Commissioner as trustee for the government of the Land of Israel, the registrars must coordinate the registration and register the State of Israel instead of the High Commissioner, relying on a regulation 3 of the State Assets Regulations (Lands), 1952-1952. In the books it will be recorded – “the coordination of the registration according to Regulation 3 of the State Property Regulations, 1952-1952”.
This is only in cases where the registration refers For the land registered under the name of “the High Commissioner as Trustee of the Government of Israel”.
The instructions must be fulfilled in any case that an action is taken or a registration can be drawn up for the land registered as such.

2.1.Registration of the end date of a lease period
The land registrar will record in the registers the date of the end of the lease, both regarding lease deeds and regarding the lease transfer deeds, of real estate managed by the Israel Land Authority.

2.1.Closing the “old method” registers Until the presentation of a rights sheet

A. Section 35 of the Real Estate Rights Settlement Ordinance [new version], 1969-1969 states that when a list of land claims is presented in a certain settlement or part of it, no new entries will be made in the existing registers for that land, however, the settlement official may, in a notice according to section 11, determine a date from which From now on, no new entries will be made in the existing registers.

B. Section 36 of the Land Rights Settlement Ordinance [new version], 569 – 1969 instructs, and this is its wording:

1 . In the period between the closing of the existing registers and the presentation of the schedule of rights, no voluntary transfer of rights in the land will be made, except for a transfer that the settlement official has allowed to be made immediately for reasons of urgency.

2. Any involuntary transfer of rights that occurs during the said period, due to death or for any other reason, shall be notified by the claimant of the right to the settlement officer.

third. To ensure the legal fulfillment of these instructions, in any case of submitting an application for the registration of a real estate transaction, the employees of the registry office must find out – if the real estate is subject to settlement procedures and if this is the case – the registration of the transaction must not be agreed to, unless permission has been given by the settlement official. And if the settlement official has announced the closing of the registers – no voluntary transfer of rights in the land will be made, except for a transfer that the settlement official has allowed to be made immediately for reasons of urgency.

d. Care must be taken to update the assets frozen for settlement and closing of registers, immediately after the publication of any advance notice of the start of settlement and notice of closing of registers. The land of the block in the settlement – one should contact the clerk of the settlement, or the district surveyor and he will use the documents in their hands.

2.1.Canceling the “old method” registers After presenting a rights sheet

A. At the end of the settlement procedures, when the registrants receive from the settlement clerks lists of rights for registration in the registers of rights, it must be ensured with the utmost care that at the same time as the entries in the registers of rights are made, in cases where the registration in the note book has been canceled and the property has been completely settled – the old entry in the note book will be canceled, otherwise – a note will be entered on the settlement of part of the plot in the old registration.

B. Once a rights schedule is received at the land registry office, it is necessary to make sure – before starting the registrations in the rights registers – that an annex to the rights schedule has been attached to the rights schedule that includes the old registration for each of the settled plots (if they were preceded by an old registration).

third. With the registration of each of the rights in the register of rights (“the new method”), according to the schedule of rights, it will be noted on the side of the corresponding entry in the registers of the “old method”, as far as the property in question has been settled/partially settled.

d. In the “old method” registers, it will be noted that the property has been settled (partially or fully), while referring to the schedule of rights dated _________ and filling in the details of the plot and the settled block.

God. After the full registration of the schedule of rights, and before its filing, an inspection will be conducted, which will ensure that in the appendix to the schedule of rights there is a reference to all the entries in the “old system” registers. And should the old registration be cancelled?

and. Even if the bureau does not maintain old system registers, or for the same schedule of rights received by the bureau there is no corresponding register of the old system, it must be verified that there are no old system registers managed by another bureau for the settled real estate. For this purpose, it is necessary to come to terms with both the settlement official and the land registrar from the district in whose office the old system registers are managed.

2.1. Transferring cases to the courts

A. If a request for an action file is submitted by the court, all the documents in the file will be photographed and approved.

B. If the court is not satisfied with photographs and requests the original file, the file must be monitored.

2.1.The separation of the land registers between the registration bureaus in Israel and those in the Judea and Samaria regions

A. Original registers found in the registry offices managed by the Land Registry in the Judea and Samaria region and in which real estates that are entirely located within the borders of the State of Israel are registered, will be transferred to the relevant registry offices in Israel. Maps for registration purposes and action files, regarding these real estates, will also be transferred to the registration bureaus in Israel.

B. Original registers found in the registration bureaus in Israel – and in them are registered real estate located, in their entirety, in the areas under the responsibility of the Land Registration Commission in the Judea and Samaria Region – will be transferred to the Land Registration Commission in the Judea and Samaria Region. Maps for registration purposes and action files will also be transferred, as mentioned, together with the land registers.

third. Regarding registers that are in the registration offices in Israel and in which real estate is registered, when some of the plots (partially or completely) are located within Israel and some of the plots (partially or completely) are located in the areas under the responsibility of the Land Registry in the Judea and Samaria region – a scan of the pages of the plots within the territory of Judea and Samaria will be performed as stated And the scanned files will be transferred to the Land Registry Office in the Judea and Samaria region.

d. In any case where, based on a determination by the district surveyor at the Israel Mapping Center, a property is found that is registered in the land registers and which is located in the territories of Judea and Samaria, it will be noted in the land registers with a special note regarding each plot.

e. The review using the scanned copies regarding the divided plots will be given only at the Land Registry Offices in Israel.
Each plot will be frozen in an administrative freeze and the registration operation in the divided plot will be carried out in coordination between the Land Registry Office and the Land Registrar.

and. An inspection and audit will be conducted by the registrars and in coordination with the district surveyor, to ensure that the transfer of notebooks, maps and files as well as parcel sheets – as stated in this procedure – will be arranged as required.

2.1.Recording the essence of the action in the registers after the presentation of the schedule of rights
In the “essence of the action” column, in the details of the owners registered after the settlement in the register of rights will be written “ownership registration after the settlement” instead of the word “registration” which was customary in the past.

2.1.Registration of old numbers
With the registration of a schedule of rights in the registers, the old numbers must be recorded on the plot page before the settlement, in accordance with what is stated in the appendix to the schedule of rights in which the old registration is detailed against each plot created in the settlement procedure. These are of course plots that were registered before the settlement using the old method and were settled partially
or in full with the registration of the schedule of rights (MK’ 1/89).

2.1.Registration in the registers after settlement of real estate registered in the register of condominiums (S”i) – the operation of the land registrars

A. The schedule of rights will include:

(1) All plots in the block (and will also include the plots registered in the register of condominiums).

(2) In the plots registered in the condominium register, the sub-plots will be listed.

B. Upon receiving the list of rights, proceed as follows:

(1) Regarding the list of rights of all plots in the block.
All the details of the registration in the list of rights will be recorded in the register of rights as is customary until today (description of the land, costs and other rights / encumbrances relating to the plot if any ).
The plots registered in the register of the condominiums must also be registered in a similar way – in the joint property the deed numbers according to which the condominium was registered or repaired in the register of deeds will continue to appear. No. The deed of registration of the schedule of rights will be added as an amendment deed to the condominium.
The subdivisions will be copied as they are and there will be no change in their registration details.

(2) With regard to condominiums and the subdivisions listed in the schedule of rights.
The registration of the condominium on the common property and all the subdivisions will be copied to the new register and the condominium registered in the deed register will be deleted (in place of the valuation block and number plot, a registration block and plot number will be recorded).
Instead of the registered area, the general area of ​​the main plot after the settlement must be recorded as it appears in the schedule of rights regarding the plot registered as a condominium.

(3) In accordance with what is stated in the “other rights pertaining to the lot” column, as far as there are in the schedule of rights, and in accordance with the old registration according to the appendix to the schedule of rights, liens will be registered/copied from the old registration to the new lots. Changes that have occurred in these liens will be updated in accordance with what is stated in section 4 below.

(4) Adjusting the plot numbers or the sub-plot numbers registered in the land registers, in accordance with the changes that have taken place in these numbers according to the schedule of rights and according to the appendix to the schedule of rights (such as: a lease and its mortgage that were registered in the register of deeds and which are spread across several plots and whose numbers have changed, or a reference to the number of a plot entitled to an easement whose number has changed following the regulation of the subject or beneficiary plot).
In all these cases the numbers of the plots must be corrected accordingly.
In the registration of ownership and encumbrances it will be recorded as follows : In the “essence of the operation”, in ownership – it will be written: “ownership registration after settlement”.
in ownership and liens in the “deed number” and “date of registration” – The bill number of and the date of the schedule of rights will be recorded.

(5) In accordance with what is stated in the appendix to the schedule of rights, for each new lot, which in the appendix is ​​stated to be derived from an old registration – the old registration must be mentioned (in the old numbers of the new lot).

(a) In the case where the old registration was completely settled from a cadastral point of view but the rights in it were not all settled, the old register will be closed and the unsettled rights will be recorded in the new register as “not settled” And all in accordance with what is stated in the schedule of rights and the appendix.

(b) When in the appendix to the schedule of rights, the old registration is canceled in its entirety – the old lot in the note book must be canceled.

(c) When in the appendix to the schedule of rights, it is stated that the old registration (assessment lot or book and page) has been partially settled – the lot in the note book cannot be canceled, but on the other hand, it must not be allowed to carry out transactions without the control of the settlement official, since this may lead to the revival of settled rights and the execution of conflicting registrations. Therefore, there must be an administrative freeze on the settlement and the settlement official will work to settle the balance of the plot as soon as possible.
In this case, a note will be written on the plot stating that part of the plot has been settled, specifying the number The block and the plot(s) in which it was settled.

2.1. Revision of rights tables and correction of registration in the new registers according to court orders, given after hearing correction requests (according to section 59 of the Ordinance on Settlement of Rights in Real Estate) or appeals (according to section 88 of the Ordinance)
When judgments are received from district courts – in which the court orders to correct a schedule of rights, or it receives an appeal against the settlement officer’s decision (usually after agreement between the parties) and orders to correct entries made in the new register based on the schedule of rights – the following procedure must be followed:< /span>

A. When a list of rights is registered in the new register, any later changes to that list of rights, according to the order given in the judgment, also require a correction of the entry made in the new register. Therefore, the Land Rights Settlement Ordinance instructs that a judgment that includes an order regarding the real estate shall be forwarded to the Land Registrar and the Registrar shall record the order in the settlement’s new register (Section 91 of the Ordinance). , as stated in the judgments transferred to him. However – the obligation imposed on the registrar, as mentioned, is subject to the provision of section 16(a)(2) of the Real Estate Taxation Law (Appreciation and Acquisition), 1963, which states: confirmed that it is exempt from tax or that the tax due according to its assessment has been paid”.Hence, if the judgment passed to the registrar for registration expresses a sales transaction – whether this is explicitly stated in it or whether it derives from it – the order contained in the judgment should not be registered the law, except after receiving approval from the real estate tax administrator for the payment of the tax and the additional tax, or exemption from them.According to the tax amendment 5 In the Land Appreciation Tax Law, dated October 18, 1974, even a sale made before the enactment of this law must pay an additional tax, even if the sale was not registered at the time due to the objective impossibility of registering it.

b. This is not the case when the judgment includes an order to register a split, consolidation and/or division of a plot (or plots), and/or a change of boundaries – in such a case the land registrar is required to perform the registration, as stated in the court order and on the map prepared by a surveyor and submitted to the mapping center Israel. Bayer Teshel (April 29, 1979), A. 348/77, the Commissioner of the Registry against Rauk George and others 3>, F”D Leg(2) 493 (1979):

(1) When the order of the district court is aimed at registering an action, which is in the nature of a sale – “… delaying the registration is required by an explicit provision in the law” After all, it is stated in Section 16(a)(2) of the Real Estate Appreciation Tax Law, that the sale of a right in taxable real estate shall not be recorded in the land register unless the administrator of the Real Estate Appreciation Tax has confirmed that the tax has been paid or that it is exempt from tax.

(2) When the district court’s order is aimed at the delimitation of plots and the redetermination of rights therein, as a result of a division – “the measurements that must be performed… are considered “measurements for many”… these are measurements that are performed at the initiative of the settlement official, and it is authorized to demand cooperation by the people concerned for the purpose of carrying out the measurements… but the actual measurement is in the hands of the surveyors acting on behalf of the director of the Israel Mapping Center, and this job should not be assigned to any of the land owners who are interested in registering their rights in the settlement.

(3) The Supreme Court further ruled, “that there is no difference in relation to the registration arrangements between a schedule of rights amended by the court according to section 59 and an unamended schedule of rights: both must be entitled to the same treatment by the settlement official, including the introduction of the map necessary based on the court’s decision. For this purpose, the settlement official must initiate a “translation” The diagram, which is attached to the decision of the district court for a map based on precise measurement. After that, the settlement official will deliver the amended plan, including the map, to the land registrar and he must carry out the court’s decision and register the plan and map as they were delivered to him, and he must not, to the registrar, place himself as an authority that audits the court and the settlement official.”

c. Since questions may arise regarding the amendment of the registration made as a result of the real estate settlement, the knowledge concerning which is given by the settlement official – the settlement official will direct the land registrar as necessary to carry out the registration of any order included in the judgment, which was forwarded to the registrar, to correct the registration made as a result of the settlement. If the court expressly orders in its ruling the settlement official to correct the schedule of rights – the settlement official shall comply with the command in the judgment by notifying the land registrar that he has been ordered to correct the schedule of rights as stated in the ruling, and instructing the registrar to attach his notice to the schedule of rights.< /span>
The registrar, for his part, will not record the correction in the new register (as long as the condition is not met, as mentioned in section b(1) above) but will inform the winning party according to the judgment (or his attorney), that he has received a notice correcting the schedule rights, and that in order to register the correction in the new register as well, the winner is asked to provide the registrar with a certificate from the real estate tax administrator, regarding the payment of the tax and the additional tax, or exemption from the tax.

(1) When a copy of a judgment, which includes an order regarding the land, is delivered to the settlement official, he will send the land registrar a letter of instruction regarding the manner of recording the order in the new register (without distributing copies of the letter of instruction to the parties).

(2) The letter of instruction shall be based on the table of rights (with reference to the columns therein) and shall bear the title: “Instruction for registration of order, judgment no. ____________ issued by a court ____________ according to section 59, or 88, of the Ordinance on Settlement of Rights in Real Estate.”

(3) If the judgment includes an order to register a split, consolidation, division or change of boundaries, regarding certain parcels, the settlement official will initiate the “translation” The diagram, which is attached to the judgment, to a map prepared by a surveyor and submitted to the Israel Mapping Center. In the letter of instruction to the land registrar, the settlement official will refer to the numbers of the plots and their areas, according to the map prepared by the Israel Mapping Center.

(4) If the court did not attach a diagram to the judgment, the settlement official will initiate measurements based on the court’s decision and the preparation of an appropriate map by the Israel Mapping Center. After that, the settlement official will deliver to the land registrar the amended schedule of rights, including the map, together with a letter of instruction to the registrar, as stated in section C(3) above.

(5) If the judgment, which expresses a sales transaction, includes an explicit instruction for the settlement official to amend the schedule of rights – the settlement official will send the land registrar a notice to amend the schedule of rights, as is customary, and distribute copies to the parties involved in the trial (or their attorneys). The amendment notice will open with the following language:
“Whereas I was ordered by the court __________ in judgment no.’ __________ (copied from B) to amend the rights table(s) for the block(s) of registration __________ I hereby inform you that the rights table(s) in your hand must be amended for the village of __________ regarding the plots and blocks listed below, as follows:
At the end of that amendment notice, the settlement official will state – “This amendment notice refers to the schedule of rights only and does not require the amendment of an entry in the new register, as long as the provision of section 16(a)(2) of the Real Estate Taxation Law (appreciation and acquisition) has not been fulfilled.” Please attach this correction notice to the list of rights you have.”

d.

(1) When the settlement official can send to the land registrar the professional instruction (regarding the manner of recording the court order, in the new register) close to the time of receiving the judgment – it is appropriate that the instruction be sent, as soon as possible, so that the correction of the registration in the new register is done immediately upon receipt of the instruction , and in any case anyone who consults the register will be able to know the updated status of the real estate, for which the correction was recorded.

(3) When the execution of the court requires measurement and mapping operations by a surveyor for the purpose of recording a split, consolidation and/or division of a plot (or plots), and/or a change of boundaries, and only after that the settlement official can send to the land registrar The professional guidance regarding the manner of the court order (in accordance with the amended schedule of rights and the amended map) – appropriate. As soon as
accepting the loss of the judgment, the settlement official will forward a photograph of the judgment to the land registrar, so that at least a note is entered in the new register, that the relevant parcel (or parcels) are subject to the correction of the registration as stated in the court’s ruling, and in any case he may Everyone who looks at the new register knows that they are going to correct the registration of those properties according to the court order.

e. In any case where the schedule of rights has not yet been registered and a judgment is received that has the effect of changing the results of the settlement, in the period after the publication of the schedule of rights and after the period for its publication and handling according to chapter 9 has passed. According to the order, the registration of the board will not be delayed due to the ruling. This is because section 76 of the ordinance states that a new register will be opened for each settlement in the prescribed form in which the registrar will register the land, despite any pending appeal, in accordance with the schedule of rights and the plans sent to him according to section 60 of the ordinance and in accordance with the court’s rulings on the rights listed in the schedule of rights as disputed.< /span>
At the same time, an amendment will be added to the schedule of rights as it will be sent to the registrar for registration, reflecting what is stated in the judgment – such as by registering a note according to section 130 of the Land Law, 1969. If the registration of the judgment requires the presentation of proof of tax payments, the settlement official will assign the correction applicant a period of time to produce certificates of payment of taxes and delay the transfer of the certificate to the registrar, and when the certificates and the judgment are presented, he will transfer the certificate together with the correction to the certificate to the registrar.

and. According to section 85 of the Real Estate Rights Settlement Ordinance [new version], 1969, any court may, at the request of an interested person, order the registrar to enter in a register a warning or prohibition of a transaction in a plot until a decision is rendered in a trial filed in that court. The intention of the section is for a restraining order and this is how the request for registration of a court decision must be handled according to the said section (F.F.H. 1.4.2012)

2.1.Permissions to carry out operations on the assets frozen for settlement
At the meeting of settlement officials that took place on March 16, 2010, it was decided that the operations carried out on the assets frozen for settlement detailed below will be approved and recorded without the need to obtain permission from the settlement official.

1 . Registration of orders (such as: taxation, foreclosure, etc.).

2. Registration of expropriation and/or intent to expropriate in accordance with sections 5-7 and section 19.

3. Actions in apartments registered in a condominium.
In the rest of the actions that are carried out in the land registry offices, in properties where there is a freeze on the settlement, the requirement to produce the approval of the settlement official remains the same. The application will be submitted along with the form: “Request to authorize a transaction at the Land Registry Office” According to section 36 of the Real Estate Rights Settlement Ordinance [new version].
It should be emphasized that the instruction to send a notification to the settlement official about making records in properties for which permission was given by the settlement official will also apply to the operations detailed above (even though no approval is required regarding them).
It should be clarified that although the term in the application form is authorization for a “transaction”, the authorization is required for any action that is taken at the land registrar, including recording notes and excluding those indicated above.

2.1.Exemption for public institutions – cancellation of comment
In the past, comments were recorded that it was planned: granting a fee exemption to a public institution on the condition that the property is not transferred to another. Requests to cancel the condition in the instruction given have so far been forwarded to the Director General of the Ministry of Justice based on Regulation 24 of the Land Regulations (Fees) of 1974. Real Estate (Praise and Purchase), 1974 and relying on the Interpretation Law, it was clarified that the General Manager does not have the authority to order the cancellation of a note. Applicants must therefore be informed to transfer the application to the Property Tax Administrator.There is no change in the cases of ten-year leases and mortgages as these issues are within the authority of the authority.

2.1.Cancellation of a note registered due to estate tax debt
The Estate Tax (Cancellation) (Amendment) Law, 888 – 1987 of 12.21.87 states as follows:
” 4(a) A warning note recorded in the register maintained by the Land Registry Office due to estate tax debt – will be deleted. The application of this instruction from 1.1.88.
Therefore, in any operation carried out in the land register when a note about an estate tax debt is recorded on the liens page, it must be deleted without the need for the approval of the estate tax administrator (Mak’ 5/88 ).

2.1.Registration of encumbrances in common property
The common registrations are: easement; Rent for the benefit of a local authority; Notification according to Sections 5 and 7 to Pak’ the lands (purchase for public needs); and a notice according to section 19 of the above-mentioned ordinance as well as comments on Form 38.
Registrations of these liens concerning the common property will be recorded exclusively in the common property section.

2.1. Providing service to messengers
In this procedure – “messenger” – A person who submits an action file to the Bureau or submits a request for review of the file, and is not a party to the action, a lawyer or an intern.

A. Depositing files that are not for immediate handling:
A courier may deposit files in the office without limitation, provided that the details of the attorney handling the file are listed on the envelope of the file.
The deposited file and all related messages will be sent Only to the lawyer’s address.
A copy of the lawyer’s certificate listed on the file envelope must be attached.
There is no need to attach a letter of authorization.

b. Collecting a file from the bureau:
In order to collect a rejected file, you must have a printed authorization letter from an attorney to collect a file.
The letter will contain the following details:
The lawyer’s name, address, tax number phone number block/plot and/or book/page
name of the courier and tax His T”G or name Missions (when the letter of authorization from a lawyer is given to the mission office in general, it will be accompanied by another letter from the mission office detailing the name of the messenger and their social security number or, alternatively, the names of all the messengers and their social security number). /span>
A photocopy of the courier’s identity card must be attached.

c. Performing operations at the reception of an audience:
For each operation, one must have a printed authorization letter from an attorney to perform operations at the registry office.
The letter will contain the following details:< a i=3>lawyer’s name, address, tax phone number block/plot and/or book/pagename of the courier and tax His T”G or name Missions (when the letter of authorization from a lawyer is given to the mission office in general, it will be accompanied by another letter from the mission office detailing the name of the messenger and their social security number or, alternatively, the names of all the messengers and their social security number). /span>A copy of the lawyer’s certificate registered on the envelope of the file must be attached.A copy of the courier’s identity card must be attached.

d. general:

A courier will not submit a file for the Bureau’s handling on behalf of a person who is not a lawyer.

You can get a photocopy of the authorization letter.

Do not write the name of the messenger as a contact person or handling the case on the cover of the case, but only the name of the lawyer.

A courier who arrives at the office with transaction/action files for handling will wait his turn. When his turn comes, he will submit the case for examination, as usual and accepted. The messenger will not enter the transaction examiner’s room while the case is being examined, but rather, as much as he wishes, he will wait in the hall.

No summonses will be set for messengers.

The messenger should not be treated as a professional entity, authorized by law to represent and appear on behalf of others before the registry authorities.

The employee will not conduct conversations with the lawyer through the messenger or through the messenger’s mobile phone. If, in the opinion of the employee, there is a need to speak with a lawyer, this will be done in the usual ways, similar to the practice regarding entrusted files.

When the employee has finished checking the file and registering it, it will be forwarded to the audit (not through the messenger) and/or returned to the messenger with comments given by him.

At the end of the inspection of the case as mentioned above, the signed documents will be delivered to the courier for delivery to the lawyer.

A messenger will be allowed to carry out up to two files, and in each file up to two registration operations. If he has an amount in his hands that exceeds the stated – he will be required at the end of the treatment to take another number and stand in line a second time. A registrar may limit the possibility of giving an additional number to the courier, if he considers that the circumstances at the office justify it.

God. Exceptions:

In the event that a request to perform an action is submitted by someone who is a first-degree relative, and the relationship is proven through official documents, the land registrar may allow the processing of the request, provided that in addition to all the documents necessary for this, a photograph is also attached< a i=1>the identity cards of the sender and the messenger. A request to perform an action by a relative as mentioned above can also be handwritten, provided that it is signed and submitted in the original.

In the event that the file submitter is an employee/intern of the lawyer’s office, a document from the lawyer that includes the name and identity card of the employee/intern, which explicitly states that the above is an employee/intern in his office, is sufficient. A copy of this document can be submitted.
The document is valid for six months only.
For the avoidance of doubt, in the case of submitting a file by an employee/intern, it must be written On top of the file envelope is the name of the lawyer. Also, in this case too, the established rules will apply in relation to the amount of operations that will be allowed.

2.1. Handling incoming mail
Any material received at the bureau will be stamped “received” on the day of receipt, with the exception of documents and bills that are hand-delivered for immediate handling.

2.1. Number of blocks “a” In agricultural plots
it was decided in cooperation with the Israel Mapping Center to change the numbering method of blocks “A” in the agricultural plots, so that the numbering will be numerical only and not alpha-numeric, as detailed below:
The number of the block will include 8 digits.
instead of the letter “a” will be the last digit of the block – 1.
For example: block number 364 “A” will be registered in the computer system – 36400001.

2. Inheritance registration

2.2. Submitting an application for registration was allowed

A. An application form for land registration must be submitted The form can be signed by an heir or heirs and can be signed by an interested party (who has a connection to the estate’s land, such as – receiver, creditor).When it comes to a request to register an estate division agreement, because then it must be signed by all the parties whose signatures are required on the estate division agreement, except in the case that the agreement was approved by the BHMS, in which case a signature is sufficient One of them is on the request.When a certain property or rights in the estate were granted by will to only some of the heirs, for the purpose of its distribution within the framework of an estate distribution agreement, the signature of the deceased’s heirs to whom the property/rights were not bequeathed in the estate distribution agreement is not necessary, and it is sufficient With the signature of the specific heirs only. (Amendment dated 7.5.17).

B. The request must be duly verified.

c. If the court has appointed an estate manager, the inheritance of the estate can be entered in the land register only upon a request signed by the estate manager or with his consent (see sections 82, 98 and 121 of the Inheritance Law, 1965) and regulation 18(c) of the land regulations.
must be attached to the request:

(1) Original inheritance order or testament maintenance order. As long as the order was issued by the Inheritance Registry or a rabbinic court, there is no need to attach the order to the application documents.
When registration of an estate division agreement is requested, an estate division agreement approved by a court must be attached.

(2) Reference for fee payment.

2.2. Inheritance registration as an estate administrator

A. A distinction must be made between the inheritance of a person before the commencement of the Law of Inheritance, 5655 – 1965 (10.11.65) – then the law that was in force on the eve of the commencement of this law will apply to his inheritance – and the inheritance of a person who died after the commencement of the Law of Inheritance, at which time the provisions of the law apply to his inheritance the inheritance

B. According to the law that preceded the Law of Inheritance – when the court appointed an estate administrator, the assets of the estate belonged to him – and the heirs were entitled to receive from the administrator what the estate allowed. Hence – when the court appointed an estate manager, of a person who died before the commencement of the inheritance law, the estate manager can request:

(1) Registration of the inheritance of the estate in the names of the heirs, according to an inheritance order or a will order.

(2) Registration of the estate lands in the name of the estate manager (in the ownership column) by way of inheritance registration, relying on the appointment order.

(3) Recording a comment (in the comments column) on the appointment of an estate manager.

(4) Registration of a transaction in the estate lands carried out by the estate manager, whether directly or after the estate was registered in the name of the estate manager – relying on the approval of the court, as required by section 97 of the Inheritance Law.

(5) Registration of transfer of the right in the estate lands from the name of the estate manager to the names of the heirs, according to the inheritance order.

c. The status of an estate administrator according to the Law of Inheritance, 5665 – 1965 is different from his status according to the previous law. The Inheritance Law no longer grants the estate manager the property under the law, but rather the assets of the estate pass – upon the death of the testator – to the heirs, as stated in section 1 of the Inheritance Law, however, the court appoints the estate manager after all according to section 121(a) of the law “There are no heirs” are allowed to do in the estate, except with the permission of the administrator or the court” And in Regulation 39(b) of the Inheritance Regulations, 5888-1998, it was established, to the effect that “if the estate manager learns that there is real estate or other assets in the estate that are managed according to any law, he shall ensure that a note is entered in them about the appointment of an estate manager; The person in charge of said registration will make a note as required when the order of appointment is submitted to him. ”
It was found that the administrator of the estate of a person who died after the start of the inheritance law can request:

(1) Registration of the inheritance of the estate in the names of the heirs, according to an inheritance order or a will order.

(2) Recording a comment (in the comments column) on the appointment of an estate manager.

(3) Registration of the estate lands in the name of the estate manager (in the ownership column), only if the court that appointed the manager specifically ordered it, in a decree.

(4) Registration of a transaction in the estate’s lands – carried out by the estate manager, whether directly or after the inheritance of the estate was registered in his name according to an express order of the court relying on the approval of the court as required in section 97 of the Inheritance Law.

(5) Registration of transfer of the right in the estate lands from the name of the estate manager to the names of the heirs, according to the inheritance order.

d. According to section 82 of the Law of Inheritance, 1965, an estate manager must – subject to court orders – distribute the balance of an estate among the heirs, according to an inheritance order or a valid will, and do anything else necessary for the execution of an inheritance order or a valid will. Hence – when an estate administrator requests to directly register an estate in the names of the heirs, it is presumed that he is fulfilling his role, subject to the court’s instructions.

God. What’s more, according to Section 1 of the Inheritance Law, when a person dies, his estate passes to his heirs; That is, the estate passes to the heirs by operation of law, while the registration of the inheritance in the register only reflects the offenses of the estate, the validity of which derives from the law and does not depend on the actual registration. Such an action, which is based on Section 1 of the Law of Inheritance – unlike a transaction, as defined in Section 6 of the Land Law – is, therefore, authorized by an estate manager to do without the court first approving it.

2.2.A will made abroad

Section 39 of the Law of Inheritance, 1965 instructs that rights may not be claimed according to a will and it may not be used as a will, unless a maintenance order has been issued for it according to the provision of the fifth chapter.
Hence – whether the will was made in Israel or whether it was made abroad, it can be invoked, for the purpose of registering the inheritance of the estate, only if a maintenance order is issued for it by a court in Israel. A will was made by a person whose center of life is abroad and it was granted a maintenance order by the court abroad, it will be possible to invoke it in Israel only if an Israeli court issued a maintenance order.

2.2. The authority of courts for local affairs in Israel to issue inheritance orders and orders to maintain a will regarding property located in Israel

A. The Inheritance Law, 1965 – 1965 states in section 136 that:
“A court in Israel is authorized to hear the inheritance of any person whose domicile on the day of his death was in Israel or who left assets in Israel”.

B. As we know, Israeli law does not apply in Israel and Azerbaijan per se. However, in the Israeli settlement a number of Israeli laws were applied – among them the Law of Inheritance, with the authority to judge according to them, given to the courts for local matters established in the Israeli settlement.

c. In Appendix No. 3 The regulations of the local councils (Judea and Samaria), 1981, regulate the changes resulting from the application of the Inheritance Law to the Israeli settlement. law in Israel), the following section will be imported:” 136. (a) A court for local affairs is authorized to discuss the inheritance of a person who placed assets in a settlement area, provided that a family court in Israel and the registrar for inheritance matters in Israel are not authorized to discuss such inheritance.

d. The definition of a court appears in section 124 of the regulations of the local councils, and it is – “a court operating according to the Courts Law, 1975”.

God. From this it appears that, apparently, a court for local affairs is not authorized to discuss matters of the inheritance of a settler that are within the jurisdiction of a court in Israel. Since the issuance of an inheritance order or an order to maintain a will regarding property located in Israel are, apparently, matters subject to the authority of a court in Israel (see section 136 of the Inheritance Law) – apparently, the Court of Local Affairs in the Israeli settlement is not authorized to hear them (5/97) .

2.2.Powers of an estate administrator appointed abroad
Act of a testator who made a will in his place of residence abroad and designated in his will a person to be the administrator of his estate. After his death, the court in Israel issued a decree of existence, in which he declared that the will was valid. The administrator of the estate requested to sell the property of the estate – as stated in the existing will – and claimed that according to the laws of the country, where the testator’s life was centered, the administrator of the estate did not need the approval of a house trial, when he seeks to sell an asset from the estate’s assets.
In an instruction to the land registrar it was clarified, as follows:
According to the provision of section 97(3) of the Inheritance Law, no estate manager is authorized to carry out An action that requires registration in the land registers without the court first approving it. The instruction of section 97 is included in the sign c’ For the sixth chapter of the law, the title of which is “Management of the estate by an estate manager”. The law of the forum (the law of the place where the court is located) usually applies to matters of the management of the estate, and this is in accordance with the principles of private international law that are also accepted in Israel. The approval required from the court, regarding the powers of the estate administrator, clearly belongs to administrative matters. In any case, the law of the forum must be applied to it, that is – the law of Israel.
Furthermore – section 138 of the Inheritance Law instructs that assets that are inherited according to the law of the place where they are located only, will apply to the inheritance the same law (the law of the place, where the assets are located). The law is therefore:
Section 97(3) of the Law of Inheritance applies to the administrator of the estate and he must obtain the approval of the court for the sale of an asset from the assets of the estate, which are located in Israel.
A decree was issued Outside of Israel is considered a foreign judgment. In order to apply it to real estate in Israel, it is necessary to recognize it according to Section 11 of the Law on the Enforcement of Foreign Judgments.
Alternatively, a decree of inheritance or the maintenance of a will can be issued in Israel in a normal procedure.

2.2.Authority of a religious court to appoint an estate manager
According to an amendment to the Law of Inheritance, amendment no. 6, 1981, dated 1/28/81 (published in H No. 1000, p. 82), a religious court, which has jurisdiction over the personal status of the testator, was given the authority to appoint an estate manager and to divide the estate’s assets .
Also, the religious court was given the authority to approve the actions listed in Section 97 of the Inheritance Law, including the actions of an estate manager whose validity depends on registration in the land registers.

2.2. Order for the appointment of an estate administrator

A. Rule 37(a) of the Inheritance Regulations, 5888-1998, states: “See the Registrar of Inheritance Matters or the court that it is necessary to appoint an executor or appoint a temporary executor (hereinafter – executor ), will appoint an executor in the decree.The appointment period was not specified in the decree, the appointment period of an executor will be two years and of a temporary executor six months.

B. To the extent that the testator named an executor in the will, it is necessary that there be a reference to this in the will execution order, whether or not an executor is appointed. If nothing is specified in the order to execute the will (even though the testator specified an executor in his will), the registrar will contact the Authority’s management for a check with the National Registry of Inheritance Matters. If it is found that an executor has not been appointed, an order for the execution of the will will be registered as submitted. As soon as an executor is appointed, the registration applicant will be directed to issue a revised will maintenance order.

2.2. Canceling a registration made through an inheritance order/holding a fake will

A. In the case where an inheritance order/probate is registered, and a duly signed and verified application is submitted by the “deceased” rights holder. to cancel the registration due to an allegation of forgery or fraud, and it is proven to the opinion of the inspector of real estate registration that the “deceased” As long as we are still alive, as long as no further entry has been made in the registers other than the entry of the inheritance order/execution of a will, the inspector may order the cancellation of the entry made according to the order of inheritance/execution of a will and reinstate the previous entry.

B. The inspector shall not order the cancellation of the registration, as stated, before he or the registrar has performed a verification against the population registry database regarding the details of the owner of the rights that was registered before the registration of the inheritance order/existence of a will that is suspected to be fake, as well as with the inheritance registrar regarding the order that served as a basis for the registration.

third. This procedural instruction does not apply to any other registration that is claimed to have been made due to forgery, and in any other case the claimant will be referred to the competent courts.

2.2.Registration of inheritance of foreclosed real estate

A. Inheritance of foreclosed real estate can be registered, either by law or by will.

B. A notice of inheritance registration of foreclosed real estate must be sent to the authority that imposed the foreclosure.

2.2. Request for registration of a garnishment order on the decedent’s assets after the registration of the inheritance
A legacy is registered and then registration of a garnishment (imposed on the deceased’s assets) is requested on the rights of the heirs, because then the garnishment will be registered. This is against the background of the provision of Section 128 of the Inheritance Law, 5655 – 1965, which stipulates the responsibility of each heir for the debts of the testator that have not been discharged, to the value of his share in the estate.

2.2. The absence of identification numbers of the names of the heirs in the inheritance order submitted for registration

A. A ruling was issued by Judge Giladi from the district court in Be’er Sheva, according to which the land registrar must register according to an inheritance order even if the identity card numbers of the heirs are missing from it.

B. When the will does not provide the identity of the beneficiary(ies), the will will be registered without the identity number.

third. However, it must be explained to the applicant that this is the proper opportunity to carry out an identity proof procedure so that the property owners will be registered with the identity number, which will save in the future the need to produce additional documents to identify the owner (MK’ 3/87).

2.2. Registration was permitted according to the full provisions of the inheritance decree or the decree of execution of a will

A. When an estate includes a number of specific assets, which are registered in the name of the testator, it is possible to register the inheritance of the estate – with regard to all of the assets, or some of them, according to the request of the person interested in the matter, provided that the inheritance is registered as requested, in the names of all the heirs whose names the court declared in the inheritance order and in the relative share of each of them as stipulated in the decree, or on the names of the winners according to an existing will, since the registrar – according to the provision of section 123 (b)(2) of the Land Law – is required to register the inheritance only as stated in the decree and he is not allowed to add or subtract from what the court stated in the decree.

B. When there is a balance in the will (excess after the distribution of the assets – to fish in the case where the deceased bequeathed part of the real estate registered in his name), or in an inheritance (for the benefit of an unknown heir), the balance will be registered under the name “Estate of the deceased _____ + T.Z. the deceased” (and not in excess action).

third. When the wording in the inheritance order or the order for the execution of the will is “unknown heirs” – “Unknown heirs” will be recorded.

d. The entire decree is registered as it is and part of the inheritance is not registered when one of the applicants requests to register the rights only in his name. For example – an heir who is a partner together with other heirs in the property, all the heirs will be registered together as having rights in the property.
This does not detract from provision 1.5.23< a i=3>.

2.2.Conditional heir defers and heir charges

A. When an application is submitted for the registration of an existing will, a distinction must be made between:

(1) A will, according to which an heir will be entitled to the estate only if a condition is met or a deadline is reached, and-

(2) a will, according to which an heir received the estate subject to the fulfillment of a charge; That is, something that an heir must do or refrain from doing.
Section 43 of the Law of Inheritance 1965-1965 applies to the first case regarding “a conditional heir”.
Section 45 of the Inheritance Law, 5665 – 1965 regarding “heir duties” applies to the second case.

B. If an existing will was attached to the application for registration of the inheritance, in which it was stipulated that an heir would be entitled to the estate if a repellent condition is met – such as, that he undertakes to pay a certain amount of money to so-and-so – the inheritance may not be registered unless an instruction to that effect from the court has been attached to the application, or the court has appointed an estate manager; The court ordered an inheritance to be registered, as stated, and did not specify in the letter of the instruction that the repudiatory condition was met, or that the inheritance was registered in the name of the estate manager – when registering the inheritance in the land registry, a note must also be entered that says: “Subject to a repudiatory condition as stated in the will”.

c. On the other hand, when an existing will includes an instruction of the mitzvah, that an heir must do something, or refrain from doing it, in what he received from the estate, there will be no obstacle to registering such an inheritance; And when registering the inheritance in the land registry, a note must also be entered that says: “Subject to the fulfillment of a charge, as stated in the will”. It has been proven to the registrar’s opinion that the charge is compliant.

d. In cases where there is doubt as to whether a provision in the will should be considered as a condition precedent or as an obligation to the heir – the registrar will refer the parties to the court for the interpretation of the will.

e. The right of a beneficiary according to a will is registered in the land registry, subject to the obligations of an heir, and the beneficiary requests to transfer his right – the registrar will check whether he can clearly and simply prove from the documents submitted to him that the obligation is fulfilled. If he is not present with this, either because there are no lines of charge or because there is no clear and simple proof of existence – he will refer the applicant to get instructions from a court.

2.2.Heir after heir – Section 42 of the Law of Inheritance, 565 – 1965

A. When an application is submitted for the registration of an existing will in which the will was ordered for two so that the second will win after the first has won; When registering the inheritance in the land registry, a note must also be made that says: “Subject to the provisions of the will regarding heir after heir.
Section 42 (b) of the Law of Inheritance states, “The first is entitled to do with what he received as his own , and the second will only win what the first left; However, the first cannot detract from the right of the second by will.”

B. It seems, therefore, that a note, as mentioned, does not prevent a transaction in real estate and the heir is entitled not to leave anything to the other.

c. Deleting a comment regarding “heir after heir” will be done when transferring the rights to party C’ (and not when registering a warning note) or in accordance with the law;
According to section 42 (c) of the Inheritance Law, the provision of the will will be canceled in favor of the second heir in cases where it is proven that the second heir died before the time of his winning or was found ineligible to inherit Or he walked away from what he deserves.
Therefore, as long as the second heir decides to give up his right to inherit, a request can be submitted to delete the comment regarding “heir after heir” Through an application form for registration in real estate signed by the first and second heirs and verified by a lawyer in the same way as a transaction deed is verified.

2.2. Mutual wills
cancelled.

2.2.Registration of a will of units in a house that has not yet been registered in the register of condominiums
The testator ordered in his will that certain parts of the estate lands be the beneficiaries according to the will, such as certain apartments or shops in a house that has not yet been registered in the register of condominiums – In such a case, the registrar will not be able to register the inheritance in the names of the winners according to the existing will (as long as the certain parts of the land have not become the subject of separate registration and separate ownership). Therefore, it should be suggested to the heirs that they first initiate the appointment of an estate manager. At the same time, the estate administrator will arrange for the conversion of certain parts of the land into units that are the subject of separate registration and separate property, he may also request the completion of the inheritance registration in the names of the heirs according to the existing will.

2.2.Prohibition of inheriting real estate of the “Miri” type by way of will

A. Section 149 of the Law of Inheritance, 5655 – 1965 states that, in the matter of inheritance, the special laws pertaining to “Miri” type real estate are null and void.

B. However, in section 157 of the Law of Inheritance, it is established that those who die before the commencement of this law, the law that was in effect on the eve of the commencement of this law shall apply to his inheritance (the commencement of this law, nine months from the date of its publication in the lists, i.e. 10.11.1965). Hence – the will of a testator, who died before 10.11.65, will not apply to real estate of the “Miri” type.

third. One should also pay attention to the provision of section 34 (b)(3) of the Condominiums Law, 1961 (combined version), which stated that a provision of law prohibiting the inheritance of real estate of a certain type by way of a will shall not apply to an apartment of that type. The beginning of the validity of this law is on In Nisan 23 (March 19, 1953).

2.2.Construction and Evacuation of Rehabilitation Areas Law, 1965 – Registration of Inheritance Orders
The land registry offices used to require the consent of the “Authority for Construction and Evacuation of Rehabilitation Areas” until now. In any case where a request has been submitted to carry out a transaction in real estate, in areas that have been declared rehabilitation areas, including requests for the registration of authorization orders. ; For the Law on Construction and Evacuation of Rehabilitation Areas, 1965, it was decided to accept the interpretation given by the representatives of the Ministry of Construction and the resulting conclusions, regarding the registration of permission orders. (in light It is not necessary to obtain the consent of the Authority for Construction and Evacuation in Rehabilitation Areas in order to register permission orders (June 26, 2008).

2.2. Inheritance registration according to an estate division agreement
According to section 110 of the Law of Inheritance, heirs according to an existing will may divide the assets of the estate according to an agreement between them that deviates from the provisions of the will (hereinafter: estate division agreement) .
In an estate distribution agreement, only assets that are part of the estate can be included.
If an application is submitted for registration of an inheritance order/will and an estate distribution agreement between the heirs, the following documents must also be attached:

(1) An application to register the division of the estate is signed by all the heirs and duly verified.

(2) The partition agreement is signed by all the heirs.

(3) The division agreement was approved by the court, a request signed by one of the heirs is sufficient.
When a certain property was bequeathed by will to only some of the heirs, then for the purpose of its distribution within the framework of an estate division agreement, There is no need for the signature of the deceased’s heirs to whom the property was not bequeathed, and only the signature of the specific beneficiaries is sufficient.

2.2.Division of estate assets between heirs – appreciation tax and purchase tax
Division of estate assets between heirs according to an agreement between them or according to a court order – does not constitute a transaction and therefore there is no need to provide certificates of Payment of appreciation tax or purchase tax.
For the avoidance of doubt, it should be noted that when the agreement also includes assets outside the estate, it is not just an estate distribution agreement, and therefore the tax authority’s approval must be produced for its registration.< /span>
The aforementioned applies as long as the estate is not divided. On the other hand, if an inheritance order is issued and the estate is registered in the names of the heirs, in unspecified parts, and then the heirs request to divide the estate between them, the approval of the tax authority must be produced for the purpose of registering the action.

2.2.Assets assigned to the Commissioner of Enemy Property (from 1939) – registration of inheritance

A. There have been several cases in the past, in which – even though a note was recorded in the land registry about the purchase order of a property to the commissioner of enemy property – the heirs of the person who owned the property, on the eve of the transfer, requested to register the inheritance of this property, and the inheritance was registered.

B. An inheritance order and a testament maintenance order apply only to assets included in the testator’s or testator’s estate. As long as property is assigned to the person in charge of the enemy’s property, no such property can form part of an estate, and in any case, no inheritance order or will enforcement order will apply to it.

third. You may not perform any registration operation regarding a property granted to the person in charge of the enemy’s property, including inheritance registration, as long as the property has not been legally released from the grant.

2.2.Confirmation of absence in inheritance registration according to the order of a religious court

A. When registering an inheritance according to the order of a religious court in which the place of death of the testator was specified as an enemy country, the guardian’s approval for absentee assets must be required.

B. If the place of death and details of the testator’s rights are not specified, the order must be returned to the court so that the details can be completed. The details have been completed and the testator’s place of death was in Israel – no additional approvals are required. If it is an enemy country, you must act as stated above.

2.2.Inheritance registration when the inheritance order also includes an heir who died before the issuance of the order
An heir died after the death of the testator and before the issuance of an inheritance order on the estate of the testator, and in the order of succession the court declared the names of the heirs of the testator and of the deceased heir, one should proceed as follows:

A. Instead of the testator, it will be written – “Estate of a certain (the deceased heir)”.

B. instead of “a certain estate” – The names of the heirs determined by the court in the inheritance order will be recorded.

2.2.Transfer of real estate from heirs with a registered right directly to the purchaser, transfer of real estate from the owner of a registered right directly to the purchaser’s heirs, and giving the consent of the heirs on behalf of the deceased
Below are procedural instructions that regulate the manner of registration in cases where an heir signs on behalf of A deceased who is the owner of the registered right, and in cases where an heir signs on behalf of a deceased who acquired rights from the owner of the registered right.

2.2.24. Transfer of rights in real estate through the heirs of the owner of the registered right directly to the buyer
In cases where a transaction was made in real estate, and before registration in the registers the transferor of the right passed away, it is possible to complete the registration of rights in the name of the buyer, even without submitting an application For the registration of the inheritance, subject to the fact that all the heirs of the deceased (the seller – the owner of the registered right) will sign the deed. It is possible to be satisfied with the signature of only the heirs on the deed, or a deed signed by the deceased, with the heirs also signing next to his signature and specifying their names (handwritten is also possible). Care must be taken that in verifying the signature, the verifying attorney will state the names and identification number of the signatories as mentioned.It must be stated on the deed, in the details of the seller, “the estate of the deceased _____ by his heirs”, and in the details of “the transferors hereby” All the details of the heirs (names and ID number) must be listed. When it is a deed that the deceased has already signed, the above details can be added by hand next to the name of the deceased.All the documents that were required for the registration of the alleged inheritance must be attached to the transaction file, except for a request (an inheritance order must be attached /order to maintain a will/estate distribution agreement), as well as all the documents required to carry out the requested transaction according to any law. In doing so, of course, the tax certificates must be attached, and in this matter it is important to make sure that the deceased is listed as the seller of the right. It will also be emphasized that if one of the heirs is confidential, a minor, or bankrupt, the court’s approval must be obtained for his signature on the deed, as is customary.A fee must be attached for registering the requested transaction. In this case, the inheritance will not be registered in the registry, and no fee will be charged for the act of inheritance.

2.2.24.Transfer of rights in real estate from the owner of the right registered in the name of “the estate of the deceased” (the purchaser), or in the name of his heirs
in cases where a real estate transaction was made, and before it was recorded in the registers, the recipient of the right died, and his heirs request to transfer the rights in accordance with the transaction deed he signed, or through a deed they sign in the name of The deceased (as the person who made the transaction), they may request to register the transaction in the name of “the estate of the deceased ___”, and not to register the inheritance at this stage, or to register both the transaction and the inheritance in one file.
In these cases, all the heirs of the deceased (the purchaser) must sign the deed next to the signature of the deceased, while their names will be listed next to their signature (can also be handwritten). Care must be taken that in verifying the signature, the verifying lawyer will indicate the names and identification number of the signatories as mentioned. It should be emphasized that if one of the heirs is confidential or bankrupt, the court’s approval must be obtained for him to sign the deed, as is customary (it should be noted that in the event that both the registration of the inheritance and the registration of the rights in the name of the minor are requested in the same case, the approval of the court is not necessary and the signature of his natural guardian is sufficient). /span>All the documents required to carry out the requested transaction between the seller and the deceased must be attached. Meanwhile, tax certificates must be attached in which the deceased is registered. In addition, in any case, whether you want to register the inheritance or not, you must attach the documents that were required for the purpose of registering the inheritance (inheritance order/will execution order/estate distribution agreement), and this, among other things, so that it will be possible to know who the heirs are . In addition to the above, it is also possible to transfer the rights from the owner of the registered right directly to the heirs of the deceased, without registering the inheritance , through the signature of the heirs on the deed signed by the seller (whether the deceased signed it and the heirs sign alongside him as detailed above, or whether the deed was signed by the heirs only), but in this case, as far as tax certificates are required in accordance with the law and procedures, it must be verified that the issued tax certificates The tax authorities refer to the heirs and not the deceased. For the avoidance of doubt, in the event that the deceased also signs the deed, the inheritance documents must be attached as detailed above.

2.2.24. Consent of heirs on behalf of a deceased person
In the event that there is a warning note, and the beneficiary of the note has passed away, or in the case where the consent of a deceased person who is registered as the owner of the right is required, for the registration of a warning note about his rights, the consent can be obtained The heirs to the request/transaction requested, even without registering the inheritance, provided that all the heirs of the deceased sign the letter of consent. Care must be taken that when verifying the signature, the verifying lawyer will indicate the names and identification number of the signatories as mentioned. In this case, in order to be able to verify who the heirs are, the documents that were required for the registration of the inheritance must be attached (inheritance order/will execution order/estate distribution agreement, with the exception of a request). , because these procedural instructions do not derogate from the procedures and instructions regarding the need to identify the owner or the heirs, as is customary. It is also emphasized that the purpose of this procedure is in cases where the deceased did not give an irrevocable power of attorney, and of course it has nothing to change or detract from the possibility of carrying out actions or transactions in real estate through an irrevocable power of attorney of the seller. Also, the above does not derogate from the fixed provisions regarding the duration of validity of a bill, in accordance with procedure 1.1.1 a(2)(c) with the mandatory changes.< /span>

2.2.Registration of an act of inheritance on part of the rights of the testator
in cases where the registration of an act of inheritance is requested only in relation to a part of his rights of the deceased – the owner of the registered right, on the grounds that the rest of the rights are not included in the estate (for example, when a decree was submitted according to which the inheritance must be registered only on part of the deceased’s rights in the real estate, or for example when the background of the matter was a combination transaction, and the heirs claim that only part of the deceased’s rights were transferred to them by inheritance) , one must attach all the documents required to register the claimed inheritance, in accordance with the law and procedures.
The inheritance will be registered on the requested portion, while the remainder of the deceased’s rights will be registered as “excess”. If in the future a request is submitted to register an action regarding an “excess”, it will be required to verify that this is consistent with the registration of the registered inheritance.

2.2. Fee was allowed

A. For each request to register an inheritance submitted in a certain office, the fee stipulated in the regulations will be collected, whether the inheritance includes one property or whether it includes several properties.

B. If, after the registration of the inheritance, another application is submitted for the registration of the same inheritance either in the same bureau (other assets) or in another bureau – no additional inheritance fee will be charged.

third. However, a fee must be charged, where after the registration of the inheritance an additional asset is discovered that is not included in the will and is requested to be registered, or where more than a year has passed between the registration of the first inheritance and when the additional application for registration of the same inheritance was submitted in other bureaus.

d. In the circumstances described in procedure 2.2.23, when the inheritance order also includes an heir who died before the order was issued – one fee will be paid for two estates.

2. Taking notes

2.3.Recording notes of the designation of real estate, according to Rule 27 of the Real Estate Regulations (Management and Registration), nine” of 2011

A. The scope of a note according to regulation 27

(1) It will be possible to record such a comment at the request of the chairman of a planning institution.

(2) The comment shall apply to the zoning or to the use established for certain lands by virtue of the planning law, or to the provisions of a plan or a condition in a building permit, issued according to the planning law.

(3) Upon deletion of a note registered according to this section, due to the cancellation of the designated designation or use as mentioned, or due to a change in the provisions of a plan or conditions in the permit, the registrar, upon request by the person who requested the registration of the note, shall order its deletion.

B. According to Rule 27 of the Real Estate Regulations, a notation must be attached to the application for registration of a note, as long as there is a mention of a notation in the documents submitted for registration, which is the basis for the registration of the note.

third. As a general rule, it is possible to carry out a transaction in real estate in which a note is recorded according to the above regulation 27, unless it is evident from the documents submitted for the registration of the transaction that the transaction or the operation that is requested to be registered is not compatible with the purpose or use set forth in the regulation, in this case the registration will not be possible until the consent of the planning institution is obtained who requested the registration of the note.

2.3.Registration and cancellation of comments according to section 254 of the Planning and Construction Law, 1965
On October 25, 2017, amendment number 116 to the Planning and Construction Law 1969 (hereinafter: ” ;The Planning and Construction Law“) within which, among other things, section 2541 of the law was amended – with the aim of giving the enforcement authorities tools to deal with construction offenses by registering Appropriate notes in the land registers. The provisions of this procedure regulate the manner of submitting applications for registration/cancellation of comments in accordance with section 2541 of the Planning and Construction Law.

A. How to submit requests for recording notes in accordance with the provision of Section 25411 of the Planning and Construction Law: The request will be submitted using the Request for Note Recording Form according to Section 25411 of the Planning and Construction Law, within which the action will be marked requested, signed by the “ombudsman”/ the municipal prosecutor, the following documents will be attached to the application form according to the application:

1. As long as a request is submitted for the registration of a note on an indictment in accordance with section 254 11(a) of the Planning and Construction Law, a copy of the indictment stamped with the court’s seal must be attached to the request. The number of the opened procedure is confirmed as faithful to the source by the “ombudsman’s office”/municipal prosecutor.In this case, a note will be recorded according to section 2541 of the Planning and Construction Law.

2. As long as a request is submitted for the registration of a note about a demolition order without criminal proceedings, or an order as part of a sentence, in accordance with section 254 11(b) of the Planning and Construction Law, it must be attached to the request A judicial order issued by the competent authority in the original, or a copy certified as true to the original by the “Osponsor’s Office” / municipal prosecutor.In this case, a note will be recorded according to section 130 of the Land Law, 1969-1969 .

3. As long as a request is submitted for the registration of a comment on an administrative demolition order, in accordance with section 254 11(c) of the Planning and Construction Law, the original order, or a copy certified as a trustee, must be attached to the request To the source by the “Owner’s Attorney” S/municipal prosecutor.In this case a note will be recorded on the demolition order according to section 2541 of the Planning and Construction Law.

b. Requests to cancel comments in accordance with the provisions of section 2541 of the Planning and Construction Law:
For requests to cancel comments registered according to any of the above alternatives, the above request form must be attached, signed by The ombudsman/municipal prosecutor, together with the order in the original, or a copy certified as faithful to the original by the ombudsman/municipal prosecutor.

2. Registration of judgments and orders
These sections shall apply subject to and in accordance with section 1.1.26 above.

2.4.Demolition order

A. According to section 221 (e) of the Planning and Construction Law, 1965, when a comment is recorded on a demolition order, a transaction that contradicts the content of the comment will not be recorded as long as the comment is not deleted.

b. B”A 7210/01 Netanya Municipality N’ The estate of the late Rachel Glambotsky, P”D N”H(5), 34, 43, 47 b’ It was determined that the protection of the third party is the main purpose of section 221 (e) of the law, according to which a transaction that contradicts the content of the note will not be registered as long as it has not been deleted. The registration of the note according to section 221 (e) of the law., is only to protect third parties, and hence the speech “shall not register a transaction that contradicts the content of the note”, should not be interpreted as a prohibition from registering a transaction in real estate, provided that the transaction is subject to the note. However, it should be emphasized that a transaction that ignores the meaning and empties it of its content should not be registered in the land registry office, in such a way that in the case of a transfer of ownership of the rights, it loses its meaning for the new owner. On the other hand, the registration of the transaction in such a way that the note adds to apply to the property, is consistent with the purpose of the legislation.

third. Therefore, from here on, as a general rule, when a note is registered regarding a demolition order, the note does not prevent the registration of a transaction, provided that it is subject to the note. Exceptional cases must be forwarded to the decision of the unit manager (MK’ 5/05).

2.4.Foreclosure registration during the settlement period

A. A foreclosure submitted for registration after the publication of the schedule of rights and before sending the schedule of rights to the land registrar, the settlement official will receive the foreclosure and issue a notice of correction according to section 77 of the Ordinance for Settlement of Rights in Real Estate (new version), 569 – 1969.

B. The correction notice will be sent to the land registrar together with the board and the documents that served as a basis for the correction notice.

2.4. Cancellation of liens registered by the Customs and VAT Department
If a lien cancellation is received from the Customs and VAT Department, it is possible to cancel previous liens placed on the property, provided that the cancellation received is from the same party that imposed the The previous encumbrances.

2. Registration of division, splitting and consolidation

2.5. Defining the terms for recording split, division and consolidation

A. “Splitting” – The division of the real estate without any change in the right of ownership.
“Division” – Splitting and dividing the land between its joint owners.
“Plan for registration purposes” – Plan for registration needs in the land registers.
“allocation table” – A plan that includes provisions regarding consolidation and division with the owner’s consent.
“allocation and balance table” – A plan that includes provisions regarding consolidation and division without the consent of the owner.
As they are defined in the planning and construction regulations (consolidation and division plan), 2009.

b. Planning action according to Chapter D’ According to the Planning and Construction Law – consolidation, splitting and division shall be done at the initiative of the owner of the land and according to his request. to chapter c’ to the Planning and Construction Law – will be done at the initiative of the Planning Committee according to the Planning and Construction Law, either with the consent of the owners or without their consent.

third. A planning action can be according to the Planning and Construction Law, 5765 – 1965, and can be according to the Public Housing Registration Law (time order), 5764 – 1964.

2.5. The legislation related to the registration of a planning action

A. The Planning and Construction Law, 1965 (hereinafter – the “Planning Law”) Sections – 26, 61 – 63, 69, 121 – 127, 137, 141, 143 – 145, 188, 190.

B. The planning and construction regulations (consolidation and division plan), 2009.

c. The Land Law, 1969 – 1969 (hereinafter – the “Land Law”) Sections – 38, 39, 96 – 98, 107, 109, 110, 127.

d. Real Estate Regulations (Management and Registration), Nineteenth B – 2011, Sign 12 Chapter C.

God. Measurements Ordinance, 1929, Section 5.

and. Measurements Regulations (measurements and mapping), nine” and 2016 sections – 24, 31, 32, 33, 36, 37.

G. Law on Registration of Public Housing (Time Order), 1964 (hereinafter – “Law on Registration of Public Housing”) Sections – 1, 1A, 6.

2.5.Registration, consolidation, splitting and division at the initiative of the land owner and at his request – planning action

A. This planning operation is carried out according to chapter D’ to the Planning and Construction Law.

B. The documents that must be submitted for the purpose of registering this planning action:

(1) Application for land registration signed by all the owners of the land in whose area the same operation is carried out, including all the tenants for generations [sections 1 (definition of owner ) and 141 of the Planning and Construction Law and Regulation 65 (a) of the Land Regulations (Management and Registration)].

(2) A plan for registration purposes, which includes the real estate on which the planning operation is carried out, which is approved in accordance with the Planning and Construction Law and signed by the chairman of the local committee as consistent with the plan that established the instructions regarding the planning operation.

(3) A plan for registration purposes, which includes the real estate on which the planning operation is carried out, which is approved as suitable for registration according to the Measurements (Surveying and Mapping) Regulations Nine” of 2016.
The plans for registration purposes detailed in sections 2 and 3, can be submitted on one draft.
Note: Be careful and check the date of approval of the draft by the Israel Mapping Center.
If three have passed years, the draft shall not be valid [Section 32 (b) of the Measurements Regulations (Measurements and Mapping), Nine” and 2016].

(4) For non-regulated real estate only, a general description of the land form (“land report”) must be submitted that refers to the real estate on which the planning operation is carried out, signed in the original by a person authorized to do so at the Israel Mapping Center. In regulated real estate – the examiner of the transactions may demand a land report, when in the consolidation and division tables in the map no lines of separation between the plots were marked.

(5) Order of operations which includes the operations requested to be performed and registered according to order, in accordance with the plan for the purposes of registration as stated in paragraph (b) as well as instructions regarding the distinction of encumbrance and the distinction or cancellation of easements, as necessary.
A registrar may waive the obligation to submit such a document, if he considers that under the circumstances of the case it is appropriate and just to do so.

(6) Property tax certificate (Section 54 of the Property Tax Law – if no transaction has been made in the property since December 31, 1999, a certificate addressed to the Land Registry must be attached, for the payment of property tax or an exemption from it in effect on the day the file is submitted. a>
Note: If the planning action being carried out is only a consolidation of lots when the owners and their shares in each of the combined lots are the same – there is no need for approval (Section 54 of the Property Tax Law).

(7) The documents and approvals necessary to register the operations and/or transactions carried out during the registration of the planning operation.

(8) Fee as stated in the real estate regulations (fees): in a splitting operation – a fee must be charged for each new plot created, not for the canceled plot. In a consolidation operation – a fee must be collected for each unifying plot, and not for the newly created plot. An application fee must be added to each application.

(9) Additional documents depending on the circumstances, at the registrar’s discretion.

2.5.Uniqueness of encumbrances and comments in the plan at the initiative of the land owner

A. Mortgage – When you want to carry out a planning operation on real estate where a mortgage is registered, you must obtain the consent of the owner of the mortgage (Section 11 of the Mortgage Law).

b. Warning notes – the exception will be made at the request of the entitled person or according to a lawyer’s affidavit, based on his knowledge, after he has checked the documents for which the warning notes were recorded. >Warning notes in favor of banks, can be singled out according to the note registered in favor of the borrower, and the bank’s consent is not required, unless a warning note is registered in favor of the borrower.

c. Other notes – such as: expropriation notes, demolition order, antiquities site, etc., the distinction will be made according to the agreement of the body that recorded the note or according to a certified surveyor’s affidavit , after checking the drafts according to which the notes were recorded.

d. If the real estate on which a new planning or subdivision operation is carried out, as the case may be, is leased or encumbered by a mortgage or an easement or a right of way, or is subject to a registered note, the registrar will list the details regarding the registration of such rights or notes in the portion or portions that will be created after the registration of the planning or subdivision operation The new one, as the case may be.

2.5. Beneficences in the program at the initiative of the owner

A. Easements must be allocated only to the appropriate plots and not to all the new plots created in the planning process [Section 97 of the Land Law and Rule 67 (a) of the Land Regulations (Management and Registration)]. After checking the documents according to which the pleasure affinities were recorded.

B. Easements may not be canceled without obtaining the consent of the eligible land owner.

third. In cases where, as a result of the planning operation, the subject land and the entitled land were merged – the connection must be canceled (Section 98 (c) of the Land Law) in accordance with a surveyor’s affidavit.

d. When there appears on the deed (signed by the chairman of the local planning and construction committee), a note about the need to register easements – they must be registered. Deed of easement A clear deed will be attached detailing the boundaries and area of ​​the easement.

2.5. Public lands and zoning lands in the owner-initiated plan

A. When in the planning process plots are created that are designated as “designated land”, as defined in section 107 of the Land Law, this must be noted in the registers (section 109 of the Land Law).

B. No other designations will be specified in the land registers, such as – seed land, public space, public buildings, etc., which are not included in the definition of designated land.

third. There are cases where the Israel Mapping Center does not indicate on the general description of the land, the designation of the land (zoned land). In any case, as much as possible, the designations on the blueprints signed by the chairman of the local planning and construction committee should also be checked, and also indicate according to them the existence of land – designated land.

d. When the planning action also includes plots defined as zoning land, one must proceed as stated in section 110 of the Land Law.
Note: If only part of the plot that is zoning land participates in the planning action, the zoning note must be left for that part that is not Participating in the action.

e. The public lands, as defined by the planning committee – will be registered as owned by the local authority or the State of Israel, as stated in section 63 (9) of the Planning and Construction Law.
The transfer of ownership can be done by way of expropriation or by way of transfer , as stated in section 26 of the Planning and Construction Law. There is no need for approvals for mandatory payments that are a condition for conducting a real estate transaction.

and. When warning notes are recorded and the registrar finds that the transfer of the land to the ownership of the local authority or the registration of a lease to the right of the local authority constitutes a transaction that contradicts the content of the warning notes, he must obtain the consent of the beneficiaries, or act in accordance with what is stated in section 127 (c) of the Land Law. In such a case, it must be proven that the transaction is indeed bound by a plan approved according to the Planning and Construction Law, and that thirty days before the registration of the transaction a notice of this was sent to the beneficiary. It was found that the provisions of section 127 (c) of the Land Law were met, and no court order was issued prohibiting or preventing the transaction – the transaction will be registered. If such an order was issued, the submitted documents will be returned to the person who submitted the application for registration.

2.5. Condominiums in the owner-initiated plan
If the real estate on which the planning operation or the new division is carried out, as the case may be, are registered in the register of condominiums, the file must be submitted for approval by the supervisor of the land registry, as stated in regulation 67 (b) to the Real Estate Regulations (Management and Registration), the ninth of 2011.
The inspector will list the details regarding the registration or amendment of the registration order in the register of condominiums and he may order the submission of a revised deed of the condominium, in the plot or plots that will be created after the registration of the new planning or division action, as the case may be.

2.5.Consolidation of plots in the plan at the initiative of the owner
It is possible to perform a consolidation operation of plots of different ownership. A deed of consolidation must be attached to the action. This action must be considered as a real estate transaction action that requires, as a prerequisite for its registration, the production of certificates for the obligation payments. A deed of consolidation and there is no need for confirmation of the payment of real estate taxes since this action does not constitute a sale for the purposes of appreciation tax.

2.5.Splitting or division in the plan at the initiative of the owner

A. When an act of splitting is carried out, there is no need for a deed and it is not required to produce certificates for mandatory payments, except for a property tax certificate (if no transaction has been made in the property since 12.31.1999, a certificate directed to the land registrar must be attached, for the payment of property tax or an exemption from it valid as of the date of submission the bag).

B. When an action of division is carried out (division between the owners) a deed of division must be attached and this action must be seen as a transaction that requires, as a prerequisite for registration, the production of certificates of obligation payments.

2.5.Deletion of encumbrances in the plan at the initiative of the owner
In a voluntary planning action, consent must be required for the deletion of any lien on the plots created as a result of the planning action.

2.5. Transfer of information at the end of the registration of the planning action – a plan initiated by the owner
The person submitting the documents for registration will be forwarded by the registration office a confirmation regarding the registration of the plan. Also, a copy will be forwarded to the Israel Land Authority, the Ministry of Construction and Housing, the local authority and the Israel Mapping Center.

2.5. Registration of a consolidation and division plan at the initiative of a planning committee – a new division

A. This planning operation is carried out according to sign G’ to chapter c’ to the Planning and Construction Law.

B. The documents that must be submitted for the purpose of registering this planning action:

1. Application for land registration signed by the chairman of the planning institution who approved the division. The signature will be verified by a lawyer

2. A plan for registration purposes, which includes the real estate on which the new division is carried out, which is approved in accordance with the planning law and signed by the chairman of the planning institution as consistent with the plan that established the instructions regarding the consolidation and division.

3. A plan for registration purposes, which includes the real estate on which the new subdivision is carried out, which is approved as suitable for registration according to the Measurements (Measurement and Mapping) Regulations of 2016.
The plans for registration purposes, detailed in Sections 2 and 3, It can be submitted on one draft.
Note: Be careful and check the date of approval of the draft by the Israel Mapping Center. If three years have passed, the deed is not valid [Section 32 (b) of the Measurements Regulations (Measurements and Mapping), Nine” 2016].

4. In unregulated real estate only, a general description of the land (“land report”) form must be submitted that refers to the real estate on which the planning operation is carried out, signed in the original by a person authorized to do so at the Israel Mapping Center.
In regulated real estate – the examiner of the transactions may Require a land report, when the union and division tables in the map have not marked separation lines between the plots.

5. The order of the consolidation and division operations, which includes the details of the operations according to their order, in accordance with the plan for registration purposes as stated in paragraph (c) as well as instructions regarding the distinction of encumbrances and the distinction or cancellation of easements, as necessary. document as mentioned, if he considers that under the circumstances of the case it is appropriate and just to do so.

6. The instructions and draft of the plan that set out the instructions regarding the consolidation and division, including instructions regarding the registration of easements and other encumbrances that bear a seal regarding their approval by the planning institution.

7. The allocation table or the allocation and balance table of the plan that established the provisions regarding the consolidation and division, as the case may be, and bears the stamp of the planning institution regarding its approval.

8. Fee – this planning operation is exempt from fee

9. Additional documents according to the circumstances, at the registrar’s discretion.
General instructions:
Real estate was allocated according to an allocation and balance table, an allocation table, or according to the planning operation, as the case may be, and prior to registration The planning action or the new division, transferred after the ownership thereof, in whole or in part, and registered in the land registers, the owner registered in the land registers will come instead of the owner registered in the aforementioned tables, and the new division will be registered accordingly and as the registrar directs.

2.5.Registering the costs in a new distribution plan

A. The registration of the costs in the new plots created in a new division will be according to the table of allocations signed by the chairman of the planning committee.

B. Real estate was allocated according to an allocation and balancing table, or according to an allocation table or in accordance with a planning operation, as the case may be, and prior to the registration of the new planning operation or division, was transferred after the ownership thereof, in whole or in part, and was recorded in the land registers, the importation of the owner registered in the land registers instead of the owner registered in the aforementioned tables and distribution The new one will be registered accordingly and as directed by the registrar.

2.5. Uniqueness of encumbrances and notes in a new distribution plan

A. Mortgage – when requesting to carry out a new division of real estate in which a mortgage is registered, the consent of the owner of the mortgage must be obtained (Section 11 of the Mortgage Law).

b. Warning notes – the exception will be made at the request of the entitled person or according to a lawyer’s affidavit, based on his knowledge, after he has checked the documents for which the warning notes were recorded. >for the bank’s consent, unless otherwise, no warning note is registered in favor of the borrower.Warning notes in favor of banks, can be distinguished according to the note registered in favor of the borrower, and there is no need

c. Other notes – such as: expropriation notes, demolition order, antiquities site, etc., the distinction will be made upon
the agreement of the body that recorded the note or according toa surveyor’s affidavit< /span> qualified, after checking the drafts according to which the notes were recorded.

d. If the real estate on which a new planning or subdivision operation is carried out, as the case may be, is leased or encumbered by a mortgage or an easement or a right of way, or is subject to a registered note, the registrar will list the details regarding the registration of such rights or notes in the portion or portions that will be created after the registration of the planning or subdivision operation The new one, as the case may be.

2.5. Beneficences in a new distribution plan

A. Beneficiaries must be allocated only to the appropriate plots. The affinity does not transfer with the transfer of ownership to the new lot, but must be separated only to the new lot where the affinity is located (Section 126 (b) of the Planning Law, and Section 97 of the Land Law as well as Regulation 67 (a) of the Land Regulations (Management and Registration).

B. The uniqueness can be according to the affidavit of a certified surveyor, after he has checked the blueprints according to which the connections were recorded, or according to the approval of the chairman of the planning committee.

third. In a new distribution plan, it is possible to cancel existing easements (Article 126 (b) of the Planning Law). An instruction of the chairman of the planning committee will be a reference for canceling the ties.

d. When a note appears in the plan about the need to register new partnerships, their registration must be demanded. The registration of the easements will be done according to the approval of the chairman of the planning committee, accompanied by a surveyor’s sketch, which details the dimensions of the boundaries and the area of ​​the easements.

2.5. Public lands and designated lands in a new distribution plan

A. When in a new division plots are created that are designated as “zoned land” As defined in section 107 of the Land Law, this must be noted in the registers (section 109 of the Land Law).

B. No other designations will be specified in the land registers, such as – seed land, public space, public buildings, etc., which are not included in the definition of designated land above.

third. There are cases where the Israel Mapping Center does not indicate on the general description of the land, the designation of the land (zoned land). In these cases, the designations must be checked on the blueprints signed by the chairman of the planning committee, and also indicate according to them in the registers, as necessary, the existence of land – designated land.

d. Ownership of the public lands and the zoning will be recorded according to what is stated in the table of allocations.

2.5.Condominiums in a new subdivision plan
If the real estate on which the planning operation or the new subdivision is carried out, as the case may be, are registered in the register of condominiums, the file must be submitted for approval by the supervisor of the land registry, as stated in regulation 67 (b) to the Real Estate Regulations (Management and Registration), the ninth of 2011.
The inspector will list the details regarding the registration or amendment of the registration order in the register of condominiums and he may order the submission of a revised deed of the condominium, in the plot or plots that will be created after the registration of the new planning or division action, as the case may be.

2.5.Transfer of information at the end of the registration of the planning operation – new division
The person submitting the documents for registration will be forwarded by the registration office a confirmation regarding the registration of the plan. Also, a copy will be forwarded to the Israel Land Authority, the Ministry of Construction and Housing, the local authority and the Israel Mapping Center.

2.5.Registration of consolidation, splitting and division according to the public housing registration law

A. Public Housing Law (time order), amendment of tax 9 of 2010 repealed Sections 2-5 and 8-11 of the Public Housing Law (temporary provision) 1964. Attention should be paid to Section 6 of this amendment which determines applicability and transitional provisions. According to the provision of section 5 (d) of the Law on Registered Public Housing, a public housing plan is approved as such, for the purpose of the planning operation, as a plan approved according to the Planning and Construction Law.

B. This planning action is a voluntary action.

third. The documents that must be submitted for the purpose of registering this planning action:

(1) Application for land registration signed by all the registered owners and verified by Adv. When there are plots registered in the name of a local authority, and according to the approval of the chairman of the coordination committee, ownership of them is transferred according to section 10 (a) of the Public Housing Registration Law – there is no need for the signature of the local authority, because such a transfer is not voluntary except by order of the The coordination committee, and the part of the plot that is part of the public housing is registered in the name of the bordering land owners.

(2) A plan for registration purposes, which includes the real estate on which the planning operation is carried out, which is approved in accordance with the planning law and bears the approval of the chairman of the coordination committee (Rule 8 (c) of the regulations for registration of public housing (temporary order) (approval of plans), 1964 .

(3) A plan for registration purposes, which includes the real estate on which the planning operation is carried out, which is approved as suitable for registration according to the Measurements (Measurement and Mapping) Regulations Nine” of 2016.
The plans for registration purposes detailed in sections 2 and 3, can be submitted on one draft.
Note: Be careful and check the date of approval of the draft by the Israel Mapping Center.
If three have passed years, the draft shall not be valid [Section 32 (b) of the Measurements Regulations (Measurements and Mapping), Nine” and 2016].

(4) For non-regulated real estate only, a general description of the land form (land report) must be submitted that refers to the real estate on which the planning operation is carried out, signed in the original by a person authorized to do so at the Israel Mapping Center.
In regulated real estate – the examiner of the transactions may demand a land report, when in the tables of consolidation and division in the land plot no separation lines have been marked.

(5) Order of operations which includes the operations requested to be performed and registered according to order, in accordance with the plan for the purposes of registration as stated in paragraph (b) as well as instructions regarding the distinction of encumbrance and the distinction or cancellation of easements, as necessary.
A registrar may waive the obligation to submit such a document, if he considers that under the circumstances of the case it is appropriate and just to do so.

d. The documents and certificates necessary to register the operations or transactions carried out in connection with the registration of this planning operation.
General instructions:
Real estate was allocated according to the allocation and balance table, the allocation table, or according to the planning operation, As the case may be and prior to the registration of the planning action or the new division, after the ownership thereof, in whole or in part, has been transferred and registered in the land registers, the owner registered in the land registers will enter instead of the owner registered in the aforementioned tables, and the new division will be registered in accordance with and as directed by the registrar.

2.5.Distinguishing liens and notes in a public housing plan
The liens and notes will be distinguished in one of the following ways:

A. Instruction of the chairman of the coordination committee (sections 5 (b 1) and 5 (b 2) of the public housing registration law) or the chairman of the subcommittee for public housing registration (and the planning and construction law, as the case may be).

b. Warning notes – the distinction will be made at the request of the entitled party or according to a lawyer’s affidavit. Based on his knowledge after examining the documents for which the warning notes were recorded. Warning notes in favor of banks , can be singled out according to the note registered in favor of the borrower, and the bank’s consent is not required, unless a warning note is not registered in favor of the borrower. Public housing (and the Planning and Construction Law as the case may be).

c. Other notes – such as: expropriation notes, demolition orders, antiquities site, etc. The distinction will be made according to the agreement of the body that recorded the note or according to a certified surveyor’s affidavit, after having checked the blueprints according to which the notes were recorded or according to the instructions of the chairman of the twinning committee or the chairman of the subcommittee for public housing registration (and the planning and construction law, as the case may be).

2.5. Interests in a public housing program

A. Beneficiaries must be allocated only to the appropriate plots. The affinity does not transfer with the transfer of ownership to the new plot, but must be separated only to the new plot where the affinity is located. (Article 126 (b) of the Planning Law, and Article 97 of the Land Law).

B. The distinction can be based on the affidavit of a certified surveyor, after he has checked the blueprints according to which the connections were recorded, or on the approval of the chairman of the coordination committee or the chairman of the sub-committee for public housing registration (and the planning and construction law, as the case may be).

third. In the plan according to the Public Housing Law, it is possible to cancel existing easements (section 126 (b) of the Planning and Construction Law). An instruction of the chairman of the coordination committee or the chairman of the sub-committee for public housing registration (and the planning and construction law, as the case may be) will be a reference for canceling the affiliation.

d. When there is a note in the plan about the need to register beneficial interests – they must be registered. The registration of the usufruct will be done according to the deed of usufruct as is customary. A measuring sheet must be attached to the deed, detailing the dimensions of the borders and the area of ​​the pleasure bond.

2.5. Public lands and zoning lands in the public housing program

A. When, in the planning process, plots are created that are designated as “zoned land” As defined in section 107 of the Land Law, this must be noted in the registers (section 109 of the Land Law).

B. Other designations such as – seed land, public space, public buildings, etc. – which are not defined as zoning land, this should not be indicated in the registers.

third. There are cases in which the Israel Mapping Center does not indicate on the general description of the land the designation of the land (zoned land), in these cases the designations must be checked on the blueprints signed by the chairman of the coordination committee (Section 5 (b) of the Public Housing Registration Law ) or the chairman of the sub-committee for public housing registration and the planning and construction law, as the case may be, and note this in the registers, as required.

d. The ownership of the public lands and the zoning shall be registered according to an instruction of the chairman of the coordination committee (section 5 (b) of the public housing registration law) or the chairman of the subcommittee for public housing registration (and the planning and construction law, as the case may be) and note this in the registers, as necessary.

2.5.Condominiums in a public housing program
If the real estate on which the planning operation or the new division is carried out, as the case may be, are registered in the register of condominiums, the file must be submitted for approval by the supervisor of the land registry, as stated in regulation 67 (b) to the Real Estate Regulations (Management and Registration), the ninth of 2011.
The inspector will detail the details regarding the registration or correction of the registration order in the register of condominiums and he may order the submission of a revised deed of the condominium, in part or in the plots that will be created after the registration of the new planning or division action, as the case may be.

2.5.Consolidation and division in a public housing plan – tax approvals

A. When combining plots of different ownership, this must be done according to a deed of consolidation. There is no need to produce tax certificates (Section 6 of the Public Housing Registration Law).

b. When an act of division is carried out between the owners, it must be done according to a deed of division There is no need to produce tax certificates (Section 6 of the Public Housing Registration Law).

2.5. Release of encumbrances in the public housing plan
In this planning operation, consent must be required for the deletion of any lien on the plots created as a result of the planning operation.

2.5. The transfer of the land from hand to hand in the public housing program
The transfer of ownership of the land in accordance with what is stated in section 10 (a) of the Public Housing Registration Law, will be done according to an instruction of the chairman of the coordination committee (section 10 ( b) to the Public Housing Registration Law) or the chairman of the Subcommittee for Public Housing Registration (and the Planning and Construction Law, as the case may be).

2.5. Transfer of information at the end of the registration of the planning operation in the public housing plan
The person submitting the documents for registration will be forwarded by the registration office a certificate regarding the registration of the plan. Also, a copy will be forwarded to the Israel Land Authority, the Ministry of Construction and Housing, the local authority and the Israel Mapping Center.

2.5. Amending a schedule of rights according to a judgment that includes an order for registration, splitting, unifying, dividing or changing boundaries

A. If the judgment includes an order to register, split, consolidate, divide, or change boundaries, regarding certain parcels, the settlement official will initiate the “translation” The diagram, which is attached to the judgment, to the map prepared by a surveyor.
In the letter of instruction to the land registrar, the settlement official will refer to the division numbers and their areas, in accordance with the map above.

B. If the court did not attach a diagram to the judgment, the settlement official will initiate measurements based on the court’s decision and the preparation of an appropriate map by the Israel Mapping Center. After that, the settlement official will deliver to the land registrar the amended schedule of rights, including the map, together with the letter of instruction to the registrar.

2.5Fees in planning actions
Registrants are requested to be careful and act according to the land regulations Fees:

A. In a splitting operation – a fee must be charged for each new plot created and not for the canceled plot.

B. In the union – for each plot that unites – and not for the newly created plot. Even in cases where the planning operation is subject to a sales tax assessment, it is necessary to collect a fee.

2.5.Cancellation of a condominium during the registration of a consolidation and division plan in accordance with section 125 of the Planning and Construction Law
(updated on November 25, 2018)
in the case where a division plan was submitted for registration New in accordance with Regulation 66 of the Land Regulations (Management and Registration), the ninth of 2011, which also includes instructions regarding cancellation of registration of a condominium:

A. The application will be forwarded by the registration bureau or the national bureau for the registration of national infrastructures and parcels for the inspector’s reference.

B. In the event that the condominium is destroyed or in the event that all the apartment owners requested to cancel it, the inspector will cancel the condominium.

third. In the event that the condominium has not yet been demolished, and no request has been submitted from all the apartment owners to cancel it, the condominium will be canceled subject to the following instructions:

1 . The regulations of the plan include a provision that it is a consolidation and division plan (or by its other names “new division” or division according to Chapter C, Sign G of the Planning and Construction Law).

2. The plan approved by the planning institution includes a table of allocations and accordingly a table of allocations signed by the chairman of the planning institution was submitted for registration, which determines the relative share in joint ownership according to which the ownership of each of the apartment owners in the new lot will be registered.

3. As part of the application for registration of the plan signed by the chairman of the planning institution, there is also an explicit instruction to cancel the condominium in accordance with the plan.

4. “Registrar’s Note” will be registered. In the new plots to which the rights of the apartment owners from the canceled house/condominiums will be transferred, as part of which it will be noted that on the eve of the plan’s registration date, the owners of the rights were the owners of an apartment in a shared house in the property known as the lot __in the block __ (with reference to the relevant shared house file), and that until its demolition documents will apply to their relationship The foundation of the shared house on their repairs. For this matter, to the extent that in the new lot there will be a cluster of apartment owners from different condominiums, the note will be recorded on the rights of those who were apartment owners in the same building as the case may be, as well as on their replacements.

5. “Registrar’s Note” will be registered. In the source plot, which clarifies that there is a house on the plot that was previously registered as a condominium, while mentioning its foundation documents file, and that until its demolition, the foundation documents of the condominium will apply to their relationship with their amendments.

6. Regarding section 4 above, to the extent that in the new part there will be a grouping of apartment owners from different condominiums, the note will be recorded on the rights of those who were apartment owners in the same building as the case may be, as well as on their replacements.

d. Note according to section C’ The above will not prevent the registration of any action on the land, subject to the fact that as long as the house is not destroyed, the note will not be deleted.

God. Deletion of a note registered according to section C’ above, will be carried out upon receiving approval from a certified planning body, local authority or certified surveyor, regarding the demolition of the house (or the relevant part of it, insofar as it is a house that includes several buildings or separate wings), or if the inspector is convinced that the house has been destroyed.

and. Since the cancellation of the condominium results from the approval of a legally approved plan, and notices have been sent to the owners or a notice has been published in the newspaper as specified in Regulation 10 of the Planning and Construction Regulations (Consolidation and Subdivision Plan), 2009, there is no need to send notices to the apartment owners or other right holders regarding the cancellation of the condominium .

2.different instructions

2.6. Forms

2.6.1. Forms

A. In accordance with the provisions of Regulation 90 of the Real Estate Regulations (Management and Registration), the ninth of 2011, “the commissioner may order forms for applications, bills, warrants and other documents prepared for the purposes of the regulations”.
b The Authority’s website, the forms, bills and applications submitted to the various units of the Authority are updated from time to time. In the appendices to this file of registration and settlement procedures, there are links to all the forms, applications and bills.
Do not change, add or subtract from the wording of the forms, applications and bills ordered by the supervisor and which is updated on the website, and forms other than those stipulated on by the supervisor and published on the Authority’s website.

B. Yes, the supervisor may order that a certain form be submitted for registration on special paper that he directs.

third. The commissioner may order that a request or document be submitted with a copy of it scanned by a computer scan, as defined in Regulation 3 of the Evidence Regulations (photographic copies, 1969 – hereinafter computer scan) and signed with a certified electronic signature.

2.6.Studies

2.6.2. Reviewing notebooks and reviewing action files

Studying the notebooks

A. Section 123 (a) of the Land Law 5799 – 1969 instructs, and this is its wording – “The registers maintained by the office shall be open for public inspection, and any person may review them and obtain copies of the registration therein.

b. In section 123 (a) of the aforementioned law, it is established that in each office the registers established by this law or in the regulations according to it will be kept… ” In 2011, it was determined that the notebooks would contain –

(1) Register of rights.

(2) Register of condominiums.

(3) Banknote register, regarding unsettled real estate.
Hence, any person may consult one of the three “registers” listed above, subject to the provision of regulation 91 of the management and registration regulations.

Review of action files

c. Rule 93 (a) of the Land Regulations (Management and Registration), the ninth of 2011, states that the applicant to review the documents that served as the basis for registration in the register or to receive a certified copy of them shall submit a request and specify in it the interest he has in the documents.
Rule 93 (b) establishes two cumulative conditions for approval of the above request:

(1) The applicant is directly related to the documents.

(2) The review may not harm another.
The registrar has seen that the applicant meets both conditions, will approve the request and list the certificates that the applicant may review. The registrar will ensure that the right of inspection is not granted to those who do not meet the two cumulative conditions mentioned above.

2.6.2.Proof of identification
The orderers of the files at the registration offices should be instructed that in cases where a review of the action file is requested regarding the right to the registration in the name of an owner without an identification number, the requester for the review should be required to prove a relationship to the property, as it means In Rule 93 of the Real Estate Regulations (Management and Registration), since in most cases the requester uses the documents that served as the basis for the registration to prove the identification of the registered owner, which may make it difficult to verify the identifications of the real owners of the property and to perfect their rights. Of course, the registrar has discretion in the matter, and each case will be examined according to its circumstances.

2.6.2. Review of the file/deed of action
Starting on 05.02.2018 it will be possible to submit requests to review the file/deed of action both through online submission and by submitting an application at the registration office. Each application will include the order of only one file/note.
The manner of submitting the application and receiving the documents will be done via email as follows:

A. When proof of relationship to the requested documents is required according to Rule 93 of the Real Estate Regulations (Management and Registration), the 9th of 2011, the applicant must submit:

1. “Online application form to receive a portfolio/deed/historical draft” when there is no need for a manual signature on it.

2. “Request form to receive copies of documents from a registration file” duly signed and authenticated.

3. If a corporation was a party to the request, an attorney will confirm on the request that he checked the required corporate documents in accordance with Regulation 10 of the Real Estate Regulations (Management and Registration), Nineteenth B – 2011, and that the request was submitted legally.

4. In any case where the application does not include the aforementioned approval, it will be required to produce the signed and verified corporation minutes in accordance with regulation 10 of the Land Regulations (Management and Registration), Nine” B – 2011.

5. A copy of the attorney’s license that verified the applicant’s signature will be attached to the application.

6. The application will be signed by the applicant himself or by his proxy. As long as the application is submitted by a power of attorney, the power of attorney must be attached to the application.

7. A copy of the applicant’s social security number will be attached to an online application.

8. Additional documents according to the circumstances and the opinion of the registrar.

b. When proof of affiliation is not required for the requested documents according to Rule 93 of the Real Estate Regulations (Management and Registration), the 9th of 2011 (for example – requests to order a non-computerized historical transcript, original lease deeds / recording of notes according to Rule 27, etc.):
The applicant must submit the online form in section (1) above and there will be no need for a manual signature on it. It should be clarified that, as a general rule, it is possible to permit inspection of original lease deeds without the need for proof of affiliation according to Rule 93 of the Land Regulations (Management and Registration) Nine” in 2011, except in cases where the main lessee/sublessee are registered without identification, in which case compliance with the conditions of Rule 93 must be required as a condition for handing over a deed The lease.

c. The request will be submitted for approval by the registrar or the person authorized by the registrar. If the application is approved and the file/action document whose review is requested is scanned, the applicant will be sent a scanned copy of the said file/document to the email address indicated by the applicant on the application form. The registrar, that the documents will be given to the applicant at the registration office, will send a notice to the applicant regarding the method of receiving the documents in accordance with the registrar’s decision.As soon as the application is rejected, the registrar or the person authorized by the registrar will explain the reasons for the rejection, and a notification to this effect will be sent to the applicant. a>

2.6.2.Toll collection

A. Be sure to barricade the reference for payment of a fee, with the approval of the registration operation.

B. Be sure to check the reference and match the stated amount with the amount to be paid.

third. No cash will be transferred to the audience in the form of fee refunds or excess refunds, and any request of this type will be handled according to the existing procedure (applying to the office’s accounts through the Authority’s management).

2.6.2. Fee for certified copies of documents
The fee for providing a certified copy of the registration of any property or right or document related to it, will be collected in the action file, according to the provisions in the addendum to the real estate regulations (fees), Theshel” – 1974.

2.6.2.Service provision procedure for condominium files

A. The decree, regulations and blueprint of a condominium (hereinafter: “the basic documents” are documents open to public inspection, and therefore any applicant may review them).

b. Reviewing and receiving a certified copy of the basic documents will be done through the online information distribution services.

third. The provisions of Regulation 93 of the Real Estate Regulations (Management and Registration), the ninth of 2011, apply to documents that are not part of the basic documents. In light of this, a review of these documents found in the joint home file (registration or cancellation) will be given to those who are authorized to review them in accordance with the provisions of this regulation, with the required changes and while exercising broad discretion considering the nature of the documents present in these files.

d. Notwithstanding the above, in cases where there is a note in the registration document that the joint home file must be reviewed, the right to review the joint home file at the office will be granted, subject to an examination of the nature of the documents and taking into account the provisions of Rule 93 of the Real Estate Regulations (Management and Registration), the ninth of 2011 as stated above.

God. A request to review the basic documents and receive a photocopied copy, certified as corresponding to the original, even though there is a proper scanned copy, involves the payment of a special (higher) prescribed fee. Notice of this will be given to the requester before the service is provided.

and. In the case of a request for a copy of a document that cannot be photographed in the office, the employee of the office will accompany the applicant to the photocopy of the document outside the office, subject to payment of an appropriate fee (service outside the office) and this in addition to the reference fee. Under no circumstances will the file be handed over to the review requester for this purpose. On the photo produced as mentioned above, a “copy corresponds to the original” stamp will be stamped.

2.6.2.Charging a reference fee regarding condominium files
R’ The land regulations (fees), Israel” of 1974.

2.6.2. Requests for review of action files submitted by prosecutors authorized by the Attorney General
Request for review of action files submitted on behalf of lawyers authorized as plaintiffs on behalf of the Attorney General (regarding tax collection, planning, etc.) ;), will be submitted together with the letter of certification as well as a letter from the representative of the relevant authority clarifying the connection between the certification and the file in which review is requested.

2.6.drafts

2.6.3.Providing registration forms to Amidar

A. The ordering of drafts by Amidar, similar to the ordering of drafts by the Israel Land Authority, will be done by sending a request to the office’s email address whose area of ​​operation includes those lands.

B. The requested drafts will be issued through the computerized system, signed with an electronic seal that is a source (Electronic Signature Law, 2001) and sent by return email to Amidar’s email address.

2.6.3. Providing registration forms to the Amigor company
According to the agreement between the Government of Israel and the Jewish Agency for the Land of Israel, dated June 28, 1979, the Jewish Agency is exempt from fees, according to the land regulations.< Section 1 of the Annex to the Convention applies the exemptions to companies for the public benefit, according to the Charitable Endowments Ordinance, which are controlled exclusively by the Jewish Agency, as well as to corporations owned and controlled by the Jewish Agency and/or the foundations and other institutions, specified in Section The above. Since the Amigor company is a company that meets the above criteria, it will be granted the exemption from the draft fee, Section 6 of the Land Regulations (Fees), 1974 (Chapter B – Exemptions and Discounts). Providing registration documents to Amigor Company will be carried out similarly to providing registration documents to Amidar Company as specified in section 2.6.3.2. above.

2.6.3.Ordering registration forms – Israel Land Authority
Due to organizational changes in the Israel Land Authority units, the list of employees authorized to order registration forms has been updated.
Determination of those authorized to order forms Registration, removal or addition of authorized persons shall be through a list provided by the Israel Land Authority to the management of the Authority for the Registration and Settlement of Land Rights.
Providing registration forms to the Israel Land Authority will be carried out similarly to providing registration forms to the Amidar company as specified in section a>. above.2.6.3.2

2.6.3.Requests for registration forms submitted by prosecutors authorized by the Attorney General

A. A request to receive registration forms by the prosecutors authorized on behalf of the Attorney General/inspectors by virtue of the Law of Tov”2, which is submitted as part of their duties, will be approved without payment of a fee.

b. The request will be submitted on the form “Request for receiving a registration form signed by” the representative of the ombudsman for the government” and will be sent to the mailbox of the relevant bureau. The applicant must sign his name on the application as well as affix a stamp bearing his name or the name of the committee under whose authority he acts.

third. cancelled.

2.6.Correction of errors

2.6.4. Correction of clerical errors
A distinction must be made between an error that may change the essential right and a purely clerical error. Also, a distinction must be made between a clerical error, which is discovered on the spot, in the transaction bills, before they have been delivered to the parties, and an error that is discovered only after the bills have been approved for registration and delivered to the parties.
In the case of a purely clerical error, discovered on the spot, and not yet Confirmation of execution of an action has been delivered, the registrar will correct the mistake, make a note on the side of the correction and sign clearly, so that it is possible to identify the author of the correction. a>To change a substantial right, the request must be directed to the supervisor.

2.6.4. Submitting a request to correct a scribe’s mistake
Rule 95 of the Land Regulations (Management and Registration), nine” of 2011, states – “A registrar may order the correction of scribe’s mistakes that occurred in the registration, including As mentioned errors that occurred due to an error in the documents that served as a basis for that registration.
In accordance with the procedure that has existed for many years, if it is a clerical error that occurred in the documents that formed the basis for the registration, the applicant is required to correct a clerical error in the registration and attach the following documents:

A. An application for real estate registration is signed by the applicant and verified by a lawyer or registrar. Please state the nature of the requested correction and explain as detailed as possible the error that occurred.

B. An identity card that is the basis for identification, an original or a legally certified copy as faithful to the original or a registration extract from the Ministry of the Interior.

c. An affidavit signed by the applicant and verified as stated in section 15 of the Evidence Ordinance (new version), 1971. And another affidavit of the person who made the mistake, legally verified, as mentioned. The affidavits must specify the error and its source. If it is not possible to attach an affidavit as mentioned above, the reason must be specified.
If the person who made the mistake is an attorney-at-law – the land registrar may be satisfied with an attorney’s letter instead of an affidavit.

d. It should be noted that there may be cases in which the land registrar will request to receive an additional registration summary from the Ministry of the Interior, referring to the number recorded in the registers. If it is a correction that is the correction of a registered right, for example an exchange of rights between lots or the correction of the registered parts of the property, permission must be obtained from the real estate tax authority for the correction, consents and/or affidavits on behalf of note beneficiaries and/or mortgage holders (if any) and the consent of the land owner must be verified Legally if necessary.
Affidavit of the representative of the mortgage company regarding the mistake (in the relevant cases).

e. Additional documents according to the circumstances, at the registrar’s discretion.
If it appears to the land registrar that a mistake has been made that needs to be corrected, and as the owner of a certain right refuses to give his consent to the request, the inspector should be involved so that he can consider sending a letter to that right owner, and if within 30 days will not be given a substantive reason for the objection or, alternatively, a judicial order preventing the registration – the registry will be corrected.
Notice of the correction made will be sent to the local authority and real estate taxation so that they can correct their records except for the correction of involuntary parcelling where there is no need to send a notice Because the registration was made in accordance with the announcement of the chairman of the planning institution.

Real estate regulations (fees)

3.  Exemptions and discounts

3.1.  Definition of ‘disability’ for the purpose of exemption from fees

A. It should be clarified that the proviso “their degree of disability is not less than 50%”, which appears in Regulation 1 (2) of the Land Regulations (fees), refers to the three alternatives for the definition of “disabled” And this is for two reasons – throughout the entire paragraph it is about a “disabled” In the singular, and the Sipa uses the plural form “the degree of their disability…”, and it is clear that it refers to the three alternatives in the paragraph;

b. Before the aforementioned sipa, there is a comma that separates the sipa from the reference to a disabled person in a car accident, and this is to clarify that the rest of the sentence does not refer to this type of disability only, but to the three alternatives in the paragraph.
It should be noted that this interpretation corresponds to the definition of ” disabled” In the Real Estate Taxation Regulations (Praise and Purchase) (Purchase Tax), 1974.

3.1.  Payment of a fee for changing a passport number
In order to encourage rights holders to update their passport numbers in the land registry, it was agreed that no fee should be charged for changing a passport number, including adding a passport number in addition to a number Identity card.

3. Registration of property rights

3.2.  Registration of property rights in the name of the occupants – application fee
In the registration of property rights in the name of the occupants, when the state is a party to the transaction and it requests its registration, whether directly or by the building company, the transaction will be Exempted from application fee.

3.2. Registration of actions in favor of “Amidar”
In light of an agreement between the Ministry of Construction and Housing and the “Amidar” company, it was determined that as of May 1, 2018, and for 10 years, requests to register a transaction or To register a warning note in favor of “Amidar” You will be exempt from paying a fee.

3.Remarks

3.3. Collection of a fee by registering a lien according to the Taxes (Collection) Ordinance
Registration of a lien in accordance with the provisions of the Taxes (Collection) Ordinance – 1929, at the request of the state authorities – exempt from paying a fee because the state is exempt from paying fees.< /span>
And which lien registration at the request of municipalities and local authorities is not exempt from paying a fee.

condominiums

4. Registering a condominium

4.1.Clarifications

A. In accordance with Article 143 of the Law, an application for the registration of a condominium shall be submitted by the owner. To the extent that a lease for generations is registered, the application will also be submitted by the lessees (the details of the owner and lessees or the lawyer who submitted the case on their behalf will be written on the cover of the case). by all owners and lessees.

B. The submitter of the documents must submit them after checking that all the details provided are correct and after making sure that all the documents have been submitted in full. He must also check and proofread all the documents before submitting the application, including making sure that there are no typographical errors in the documents, that they correctly reflect the status of contractual rights and obligations, and that the documents are all consistent with each other.

third. An application that has not been prepared and submitted, with all its appendices in accordance with the instructions, will not be accepted, and the defective application file will be returned to the applicant.

d. These instructions do not create rights that do not originate in the law or any obligation in relation to the request, and they do not harm the possibility that additional or different instructions will be given, in accordance with the law, the ruling and the circumstances of the matter.

God. These guidelines are intended to help and facilitate those applying for the registration of a shared house, and they refer to the most common situations.

4.1. The documents that must be attached to the application for registration of a condominium

A. In order to register a house in the register of condominiums, the following forms and documents must be submitted to the office of the relevant inspector of real estate registration (for the purpose of preparing the documents, one must rely on a current registration form):

1 . Application form for registration of a condominium.

2. A blueprint prepared by an engineer, architect or certified surveyor or certified engineer (hereinafter: “Draft Editor”) and approved by a local planning and construction committee or who provides, for the inspector’s opinion, a faithful picture of the house and its apartments; As a general rule, when a planning note such as Rule 27 of the Real Estate Regulations (Management and Registration) is recorded in the plot, the plan must be approved by the planning institution.

3. Consent to serve as a temporary representative.

4. Regulations are agreed upon in two signed copies in the original. (If you wish to register agreed regulations, alternatively, it must be explicitly stated on the application that the applicant adopts the existing regulations).

5. A fee at the rate stipulated in the Land Regulations (Fees), 1974.

6. Requests to separate apartments and tax permits, in the appropriate cases as detailed below (in section 4.1.3 below).

B. When it is necessary to complete or correct details in the registration form, such as: completing the owner’s or lessee’s identification number or a company’s registration number, the application and the appropriate documents must be submitted to the Land Registry Office and make sure that the matter has been settled before submitting the application for the registration of the condominium.

third. Any other document necessary in the inspector’s opinion to make a decision on the application. Below are instructions for filling out the application details and the above documents.

4.1.the application form

A. Below is an example of an application form for the registration of a condominium.

B. All the details in the application form will be filled out in print, and the form will be submitted when it is signed with an original signature.

third. If the application is signed by a power of attorney, the power of attorney must be attached to the application. It should be noted in the application that it was signed by power of attorney.

d. If the applicant is a corporation, a protocol of the decision of the meeting of directors regarding the requested actions must be attached, signed by the chairman and verified by an attorney (for this matter, refer to the instructions regarding all types of corporations, in sections 1.1.16–1.1.21 above, with the required changes).
in addition , an attorney (any attorney) or an accountant of the corporation, will confirm on the minutes or in a separate document – that the corporation exists, that it is qualified according to the memorandum and articles of association to perform the requested action, and that the corporation’s decision of ______ (date must be filled in) was legally accepted .
If a year has passed between the date of the approval of the attorney or accountant for the protocol and the date of signing the application (or other relevant documents) by the corporation, you must additionally attach a lawyer’s certificate (any lawyer) that attests That the corporation’s decision is still valid, and that the parties who signed on its behalf are still authorized to do so.
If the request included the registration of agreed regulations and/or a request to separate apartments between owners, this should be specified in the minutes.

God. Please note – the application form includes a reference to the date of the draft, it is necessary to note in the application form the date of editing of the draft so that whenever changes or updates to the draft are applied, it is necessary to make sure to correct the latest and most recent date in the application form, through the person authorized to sign it.

and. If the applicant wishes to adopt the existing regulations – this must be explicitly stated in the application.

G. If the applicants wish to separate apartments between owners or between tenants, according to Rule 62 of the Real Estate Regulations (Management and Registration), the ninth of 2011, this must be stated explicitly in the application and must be provided:

1. A request to separate apartments, detailing the division of the apartments between the owners, when it is signed by the owner and verified by an attorney, as is the way a deed of transaction is verified. As long as the application covers more than one page, the owner must sign each page.

2. Approvals from real estate taxation offices that will be given on top of the application to separate apartments, and approvals from the local authority and the local committee for planning and construction (regarding property tax and the improvement levy), for their agreement to register the condominium and to separate the apartments as requested and regarding the absence of debts to be paid in the owner’s name.
According to the procedural order dated 05.02.2021, approvals from real estate taxation offices will be given on top of the application to separate apartments or through a lawyer’s affidavit attesting that the application to separate apartments reflects the rights The owners of the apartments as reported for real estate taxation.

H. When submitting an application for the registration of a condominium, established on several plots, in which each plot has different owners, what is stated in these instructions will apply with the required changes. It should be noted that a condominium will be registered on tax Plots subject to the existence of shared facilities in accordance with the discretion of the inspector and/or the approval of the planning institution.

4.1. Draft (general)
On May 24, 2008, an apartment sale order (form of specification) (amendment), 668-2008 (hereinafter: “the sale order”) came into effect. , which established, among other things, rules for defining the area of ​​an apartment. The order of sale directs that the calculation of areas must be carried out according to standard 9.0 of the Appraiser Standardization Committee in the Ministry of Justice, and it applies to all contracts signed from the date of its entry into force. to the Land Law on the one hand, and the rules established in the sale order on the other hand, and in order to regulate the relationship between the above rules and the provisions of Sections 57-58 of the Land Law and to assist as much as possible in unifying the definition of the areas, procedural instructions have been established that will apply to applications for the registration of condominiums as well as to applications To amend an order in the apartments for which the areas were defined in accordance with the order of sale. The definitions of the areas of the apartments and the linkages will be made in accordance with the rules detailed in the order of sale. It will be possible to use a different area definition after receiving the approval of the inspector of real estate registration, before submitting the file, after a reasoned request is submitted. Such as Rule 27 of the Land Regulations (Management and Registration), it is mandatory to submit a draft approved by the local Planning and Building Committee.

A. Details identifying the plot
Plot _________________
Block/Block mole * _________________ (delete the unnecessary*)< a i=4>Plot area in the square ________________Property address ______________________ (when a condominium includes several buildings/wings/entrances, the address of each building/wing/entrance must be indicated)

b. Details about the structure
The details will include –

1 . The number of buildings/wings/entrances that make up the house

2. The number of floors in each building/wing/entrance

3. All the apartments in each building/wing/entrance

4. All the apartments in the house

c. Map of the environment
The map of the environment, on which a plot is marked or demarcated in a different color than the other plots, will be prepared on a scale of 1:1250, indicating the direction of north, the numbers of the bordering plots and names the streets.

d. plot diagram

1 . The diagram will be prepared on a scale of 1:250, indicating the north direction and the boundaries of the building on it.

2. Plot boundaries will be demarcated in a color, and the boundaries of the building or buildings will be demarcated in a different color.

3. Length and width measurements must be marked on the plot and the building.
Note – make sure that the shape of the plot in the plot diagram matches its shape in the surrounding diagram.

4. If part of the plot is leased or is intended for transfer to a local authority, or is intended for expropriation, in accordance with the provisions of the Planning and Construction Law, 1965-1965 for the needs of a road and/or open public space, for example, that part must be demarcated in red and indicate the length, width, and total dimensions. ; the area, specifying its purpose (according to the text appearing in the registration form). A copy of the lease deed must be produced, including the draft.

5. There was a part of the plot subject to easement – that part must be marked as it appears in the deed and deed of easement (measurements, color, letter, wording). A copy of the Zika deed must be produced, including the draft.

6. In cases where the condominium consists of more than one building, and apparently the plot can be divided so that all the buildings are not registered together as one condominium, the draftsman will attach an accompanying letter in which he will explain why all the buildings must be registered as one condominium. In cases where the drafter’s letter does not satisfy the inspector’s opinion, the file submitter will be required to produce the local committee’s confirmation that the plot(s) cannot be divided in such a way that the building(s) will stand on a separate plot(s).

7. In the case where the condominium is registered on several plots, the drawing editor will show the boundaries of each of the plots in the diagram of the environment, the plot and the ground floor.

e. Details about the apartments
The details will include the description of each apartment according to the example below and with the required changes.

Common links

In relation to the “adjacent to subdivisions” column, it must be stated in the regulations whether these are equal parts or not. If not, the part of each sub-plot in the joint linkage must be indicated.
In relation to the “color in the drawing” column, when it is a joint linkage to the tax A lot of apartments can be set to one color.

4.1.General instructions for recording the details of the apartments in the charter
Below are general instructions for recording the “details about the apartments” in the blueprint, and how to fill in the columns in the table, an example of which was given above.
The columns – building, wing and entrance – will appear only if the house includes more than one building/wing/entrance (as applicable):

A. Building – Each building will be marked on the map with a Roman numeral I, II, III, etc., and will be recorded accordingly in this column.
Wing – will be marked in the draft with the number 1, 2, 3, etc., and will be recorded accordingly in this column.
Entrance – will be marked in the script with the letters A, B, C, etc., and will be recorded accordingly in this column. If there is more than one entrance in the wing, the entrances in that wing must be marked in sequence.

b. Floor – The description of the type of floor must be specified according to 3 options: basement, first floor, roof.
Order of the floor numbers – It will be from the bottom up – above the ground, for example: 1,2,3, etc. Below the ground (basements) – the order of the floors will be from top to bottom, for example: 1-,2-,3- etc. (as in the elevator). ) will start at 1

c. Description of the apartment – In the apartment description column, only the description of the apartment will be entered (such as: apartment, shop, hall, warehouse) without additions such as: warehouses, balconies, etc. .
Attention that when the measurement was carried out not according to the sales order – it is possible to include in the description of the apartment also a note of an open balcony, an uncovered balcony, a warehouse (provided that the entrance to the warehouse is outside the apartment, and it is intended to be used by the apartment) .
In case the description of the apartment includes an open/uncovered balcony, the area of ​​the balcony must be indicated in the description of the apartment, for example: an apartment and an open balcony in the area of ​​___ square meters.

d. The number of the sub-plot – The number of the sub-plot will correspond to the marking of the apartment number on the map. The number will consist of the lot number and the number of the apartment on the map, with a diagonal line separating the two numbers – on the left side the number of the plot and on the right side the number of the apartment on the map. When the house stands on several plots, you must write down all the plot numbers (apartment tax/plot tax).

e. The area of ​​the apartment – In the column of the area of ​​the apartment, the area that will be obtained according to the calculation established in the order for the sale of apartments (form of specification) (amendment), 2008-2008 (below : “Order of Sale”). The order of sale instructs that areas must be calculated according to standard 9.0 of the Appraiser Standardization Committee in the Ministry of Justice and it applies to all contracts signed as of the date of its entry into force (2).
Attention that when the measurement was performed not according to the order of sale – The area must be specified, as it also includes the area of ​​the covered balconies and internal partitions of the apartment. The floor area does not include gezuztras (balconies that are not covered), external walls and walls between apartments. If the description of the apartment includes a warehouse, the area of ​​the warehouse must be indicated in a separate column and in another column the total area of ​​the apartment and the warehouse together.

and. Links –

1 . In the attachment column, the areas that belong to the apartment and are outside the outer walls of the apartment (including warehouses and balconies, parking lots) will be recorded. It will be emphasized that these areas will be registered as attached to the apartment and their area will be calculated in accordance with the sales order.

2. Regarding balconies – A covered balcony will be included in the area of ​​the apartment and will not be attached. An uncovered balcony / an open balcony / a sunny balcony will be registered as attachments and each of them can be described with the word “balcony” only. Regarding a partially covered balcony – it is possible to determine the whole as an attachment, or in light of the requirement of the local committee to sign, the covered part will be included in the area of ​​the apartment, based on the calculation of the areas carried out for the building permit, and the uncovered part will be registered as an attachment.

3. Regarding warehouses – as long as the warehouse is physically separate from the apartment, it will be registered as an attachment only. Regarding the warehouse that is physically attached to the apartment, there is direct access to it from the apartment and there is no entrance to it from other apartments – such a warehouse will be part of the apartment.

4. In the attachment description column, the attached area will be described, such as – parking, roof, ground, etc. The marking on the blueprint will be done routinely with the letters A, B, C, etc. or with reference to apartment numbers 1a, 1b, 2a, 2b, etc. And the entry in this column in the draft table will be consistent with the notation established in the body of the draft.

5. According to Section 158 A 1 of the Planning and Construction Law, 1965 (Amendment No. 39), no more than two parking spaces shall be attached to one apartment, except in accordance with the instructions stipulated in the regulations by virtue thereof or with the approval of the local licensing authority.
Therefore, when an application is submitted to attach more than two parking spaces to one apartment, it will not be approved, unless it is accompanied by the approval of the local licensing authority, as defined in section 30 of the Planning and Construction Law, 1965, or a sketch approved by a committee planning.

6. Common property – The common property will receive number 0.

4.1. The diagram of the apartments in the charter
Here are general instructions for editing the diagram of the apartments in the charter, as mentioned in section 4.1.4 and subject to the aforementioned In section 4.1.5 above.

A. Will be prepared on a scale of 1:100 indicating the north direction.

B. The entrances and the vehicle access roads to the parking lots and pedestrians must be marked on the map.

third. Each apartment will be demarcated by color. This color will also be specified in the blueprint table along with all the other details of the apartment.

d. The number of each apartment must be emphasized with a large number. If a warehouse is also attached to the apartment, it must be marked as the apartment marking in the demarcation of the same color.

God. The entrance to the apartment and the warehouse should be highlighted with an arrow.

and. The borders of the apartments must be marked with different colors. Do not paint apartments or adjacent connections in the same color.
As long as there are adjacent connections in the same color, the border between them must be emphasized with a black line.

g. The apartments must be numbered from the lowest floor and continue floor by floor until the last floor in a running number and in a uniform direction on all floors.
When there are several buildings, wings or entrances, number one building, one wing or one entrance, and then Continue the numbering sequence in the second building, the second wing or the second entrance, and so on.

H. There is no need to describe the internal division of the apartment.

ninth. For each segment intended for attachment, the length and width measurements must be marked. The fastenings must be painted in full color, each fastening in the color of the apartment to which it was attached. If there is an attachment to several apartments, the attachment must be painted in the colors of those apartments or in one other color (it is recommended to use one color when it is a joint attachment to a large number of units).

J. The blueprint should reflect the possibility of access to each attachment or apartment.

11 Access from a public road to the area of ​​the shared house must be presented.

12. Note that in cases where there is no access to the attachment and/or apartment and/or part of the shared property, the agreed regulations may establish a right of passage to the attachment and/or the apartment and/or the joint property by attaching/to other apartments (and all subject to the approval of the inspector and in accordance for the case and the circumstances).
In this case the right of way must be drawn on the map and marked with a letter including its dimensions.

4.1. Planning and Construction Law (Amendment No. 39), 2014 – 1994 (Attachments)

A. In accordance with the tax amendment 39 of the Planning and Construction Law, no more than two parking spaces shall be attached to one apartment except in accordance with the instructions set forth in the regulations by virtue thereof or with the approval of the local licensing authority.

B. Therefore, when a request is submitted to attach more than two parking spaces to one apartment, it cannot be approved unless the request is accompanied by the approval of the local licensing authority, as defined in section 30 of the Planning and Construction Law, 1965, or a plan approved by a planning committee.

4.1. Signature of draftsman

A. The editor of the draft will sign in the body of the draft a statement that will appear at the bottom of the first page of the draft. The statement will appear in the following wording:
I, _______________, hereby declare that this drawing was prepared by me, and it faithfully reflects the house and its apartments, on _____________ street, no. _______, city __________, plot/page ____________ in block/asset block ________, as it is built and exists today, and the markings on the map were made by me.
I confirm that all the areas in this map were measured according to instructions The Law of Sale (Apartments), Hatshel” III- 1973, or according to ____________. (Note: Here the other measurement method will be specified and subject to the approval of the inspector as specified in section 1 of procedure no. 1-7-19) I confirm that the house does not exceed the boundaries of the plot/s, based on: Certified surveyor.___ A measurement I made while being a certified surveyor.I confirm that the height of the apartments/floors indicated in the plan is:___ height Measured.___ Height according to the permit.___ Combination of measured height and from the building permit.___ Height according to the planning and building regulations .Notes:(The comments can refer to exceeding the plot limit and/or exceeding the permit in certain apartments, etc.)___________________ ____________________ _________            Date Signature of Draftsman Address Address _______________________ License Number License Number

B. The editor of the draft will add his signature and stamp to each addition and correction in the draft.

4.1. The validity of the charter
The charter is valid for one year from the date it was signed by its editor or from the date the committee signed the charter (as long as the committee’s signature was required), whichever is later, and the inspector may request an update even at an earlier date Moreover, if he had reasonable grounds to think that there had been a change in the structure.
The above-mentioned year has passed, and the registration order in the register of condominiums has not been issued, the validity of the deed must be renewed through the re-signature of the deed’s editor on the mentioned statement In section 4.1.8 above.

4.1. Terms

A. Agreed bylaws–
The owners decided to register agreed bylaws, according to section 62 of the Land Law, 1969, we will state this specifically in the application for the registration of the shared house and will act as follows:

1. Attach the agreed regulations in 2 signed copies in the original.

2. The regulations will be prepared in accordance with the wording in the example and the mandatory changes.

3. The regulations will be signed by the owners (including the tenants of the apartments), and their signature will be verified by a lawyer, as is the way a deed of transaction is verified.

4. If the regulations contain more than one page, the owners (including the tenants of the apartments) must sign their initials on each page. Also, each amendment to the bylaws must be initialed in the margin of the amendment. The pages of the regulations must be numbered.

5. In order to shorten inspection processes and prevent mistakes, it was determined that the details of the connections will be in the drawing table only and not in the condominium regulations.
According to the above, A section should be added to the bylaws stating that “in accordance with section 55 of the Land Law, the parts attached to the apartments of the condominium are detailed in the table appearing in the deed of the condominium dated ____, which is an integral part of these bylaws.” (In the event that it is necessary to make a change in the plan and it is not clear that the rights holders are aware of this change, the inspector may demand, according to the circumstances of the matter, additional documents for his opinion, indicating the consent of the rights holders or the planning committee to the change).
Notwithstanding the above, in special cases the inspector may demand a breakdown in the regulations of the linkages listed in the chart table.

6. In accordance with the instructions of the tax procedure 1-7-19 Starting from 1.1.2020, when a condominium is submitted for registration whose apartment area is calculated in accordance with the Sales Law, the articles must be established in the bylaws as follows:

A clause that clarifies that the areas of the apartments detailed in the table in the deed will be considered as the floor areas for the purposes of section 57 and section 58 of the Land Law. Alternatively, other arrangements can be determined regarding Sections 57 and 58 of the Land Law, but in such a case the requested arrangement must be specified.

A section that states that even though the area of ​​the outer walls is calculated in the area of ​​the apartment – the outer walls are still common property (unless these walls are attached to an apartment).

7. In the agreed regulations, provisions can be established in matters such as:

Determining the rate of the part of the common property that will be attached to each apartment, as stated in section 57 of the law. (If no clause is stipulated in the bylaws, the provisions of the law will apply).

Determining the manner of distribution of expenses for the management and holding of the common property, as stated in section 58 of the law (if no section is stipulated in the statutes, the provisions of the law will apply).

Instructions regarding the manner of using the linkage or joint linkages and the distribution of the rights to use them.

Protection of building rights for certain apartments.

The manner of distribution of the existing and/or future construction percentages per apartment or several apartments.

The right of the apartment owners – the owners of the construction rights – to request an amendment to the order and to approve a change to the regulations, when this is accompanied by the prior consent of the apartment owners. (This consent is not exempted from the delivery of notices according to section 145 of the law).

Reference to roofs and exterior walls and/or any other common property as defined by law which will be produced as a result of construction additions.

Reference to the change of parts in common property as a result of additional construction.

Determining rights for apartment owners to use certain facilities placed within the shared house or attached area (such as: TV antenna, satellite dish, solar heater, etc.), as well as determining access routes to all parts of the shared property.

Reference to the purpose of the apartments if desired, such as: residential, business, offices, etc.

Separation of management in a complex house (which includes several buildings or wings or entrances, in accordance with the provisions of section 59 of the law).

Reference to certain behaviors in the areas of the shared house subject to any law, and thereby restricting smokingSubject to the provisions of the Law on the Prevention of Smoking in Public Places and Exposure to Smoking, 1983.
Note: This list is an example and does not exhaust the topics that can be included in the agreed regulations.

8. It will be mentioned that an application for the registration of a condominium, which includes the registration of agreed regulations in which provisions relating to the registration of attachments and/or rights of the apartment owners and/or instructions imposing on the apartment owners obligations or payments of a type or at a rate not explained in the law, must be submitted by all owners (and if A lease is registered for generations, the application must also be submitted by the lessees.

9. The inspector found that reference should be made to the tax issue because there are special instructions in the statutes that indicate the acquisition of additional rights in the land (for example, the granting of a unique right of use or the granting of construction rights, etc.), the aforementioned requirement can be met in one of the two ways as follows:

1 . Through the stamp of the Tax Authority on the regulations (“fan stamp”).

2. Through a lawyer’s affidavit indicating that the regulations reflect the rights of the apartment owners as reported for real estate taxation and that there is no tax debt due to this report, in accordance with the wording detailed below – Appendix A 39; to this procedure.

b. Existing bylaws–
If the owners decided not to request the registration of an agreed bylaw, this will be explicitly stated in the application for the registration of the condominium and they will see the bylaws found in the appendix to the Land Law, 1969, as a regulation that applies to the house. (Please note: as long as there are connections in the shared house, there is an obligation to draw up agreed regulations).

4.1. Recommendation for the appointment of a representative
The names of the person(s) recommended for the appointment of a temporary representative for the house, will be included in the application form for the registration of a shared house. In addition, the consent of those recommended to serve as members of the delegation must be attached to this appointment. The consent will be in writing and submitted in the original. Below an example of a consent form to serve as a temporary representative in a shared house.

4.1. Rents, mortgages and other encumbrances

A. rents and mortgages–

1. If the house, on the eve of the registration, all or an unspecified part of it, is rented at a registered rent, the rent will be recorded in the register on each apartment, or on an unspecified part of each apartment, as the case may be. If one of the apartments is rented as mentioned, the rent will be registered on that apartment, in accordance with the agreements of the owners of the rights and the request to separate apartments that will be submitted

2. If a mortgage is registered on a part, the mortgage will be registered on all the apartments unless the owner of the mortgage has ordered otherwise. When separation of apartments is requested, the consent of the mortgagee must be attached detailing to which apartment the mortgage is to be separated.

3. If an apartment was leased before the registration, the parties may, due to the registration, cancel the lease and transfer the ownership of the apartment to the lessee (in accordance with section 143 (c) of the Land Law and Regulations 62-63 of the Land Regulations). This action requires the creation of a “Request to cancel leases and transfer ownership to lessees” form. In this case, a certificate from the real estate taxation offices must be produced, which will be given on top of the application, and certificates from the local authority and the local planning and construction committee (regarding property taxes and the improvement levy), regarding their agreement to register the shared house as requested and regarding the absence of debts to be paid in the name of the transferees.

b. Other encumbrances –

1. When submitting an application for the registration of a condominium, which includes instructions regarding the uniqueness of cautionary notes, a lawyer’s affidavit drawn up in accordance with the instruction of procedure no. 5-2-19, to which will be attached the draft of the registration on which stamps are stamped regarding the uniqueness of the notes for the apartments. The attorney must sign each page of the registration form with a stamp and signature or alternatively an attorney’s stamp in the form of a fan that binds together the affidavit and all pages of the registration form, when the registration form includes more than 10 pages.
(< /span>In exceptional cases only, and at the discretion of the inspector, it will be possible to submit the affidavit The consent of the beneficiary of the warning note, provided that the consent is legally verified, and in the same way that a transaction deed is verified.).Example of an affidavit to distinguish warning notes

2. Regarding cautionary notes in favor of banks, proceed as follows:

If a warning note is recorded in favor of a beneficiary and a note is recorded in favor of a bank, referring to that beneficiary, the note in favor of the bank will be assigned to the apartment where the note was assigned in favor of the beneficiary without the need to obtain the bank’s consent.

In any other case (for example: if no warning note is recorded in favor of the beneficiary and a warning note is recorded in favor of the bank or when warning notes are recorded in favor of the beneficiary or when warning notes are recorded in favor of the bank), the bank’s consent is required to distinguish the warning note registered to his credit . The bank’s consent will be submitted when it is signed by an authorized signatory of the bank and duly authenticated in the manner in which a transaction deed is authenticated.

3. Encumbrances / notes according to the Land Law, 1969 and the regulations and according to any law (including foreclosures, easements, notification according to sections 5 and 7 of the Land Ordinance (acquisition for public needs), and notification according to section 19 of the above ordinance Note according to regulation 29), will be registered as the case may be, in the apartments or in the shared property, unless otherwise agreed by the authority that ordered their registration.

4. A restraining order or a disposition prohibition order against the holder of a warning note will be examined according to their substance.

4.1. Particularity of warning notes in the registration of a condominium

A. When submitting an application for the registration of a condominium, which includes instructions regarding the uniqueness of warning notes, an affidavit must be attached by a lawyer who has reviewed the contracts and confirms the uniqueness of the notes as detailed in the application. An attorney’s stamp in the shape of a fan that binds together the affidavit and all the pages of the registration form. Alternatively, you can sign an attorney’s stamp and signature on each page separately.( a>In exceptional cases only, and at the discretion of the inspector, it will be possible to submit the consent of The warning note is preferable, provided that the consent is legally verified, and as a transaction deed is verified.).An example of an affidavit to distinguish cautionary notes

b. Regarding warning notes in favor of banks, proceed as follows:
If a warning note is recorded in favor of the buyer and a note is recorded in favor of the bank, which refers to the unit purchased by the buyer, the note in favor of the bank will be separated into the subsection where the note in favor of the buyer was separated without the need to receive The bank’s consent.
If no warning note is recorded in favor of the buyer and a warning note is recorded in favor of the bank, or when several notes are recorded in favor of the buyer and the note in favor of the bank does not apply to all of the buyer’s apartments, the bank’s consent is required.
The bank’s consent will be submitted when it is signed by an authorized signatory of the bank and duly authenticated in the way a transaction deed is authenticated.

third. Encumbrances/notes imposed on the beneficiary of a cautionary note will also be assigned to the unit to which the cautionary note was assigned without the need for any consent.

d. A restraining order or a disposition prohibition order against the holder of a warning note will be examined according to their substance.

4.1. Registration of public housing in the register of condominiums

A. An application was submitted for the registration of a condominium in the register of condominiums and the land subject to the application, included in the announcement by the Minister of Housing or someone authorized to do so on his behalf, published in the collection of publications, that the same land was approved as public housing – a copy of the publication must be attached to the application. Attached to the confirmation – a note will be recorded in the joint property section in the registrar’s notes (announcement of public housing, published in the Publications Collection, No. ____, dated ______).

B. The comment was recorded – there is no need to produce tax certificates, as mentioned, when transferring the house units to the names of the first occupants, as defined in the aforementioned law (4/97).

4.1.Registration of an easement for car parking spaces
When the right to parking is exclusive for the use of one owner or several owners and thereby excludes or impairs the control of other apartment owners – registration of an easement shall not be permitted. On the other hand, the right to parking for all owners can be registered as an easement (in accordance with Law No. 2171/99 Blue Square Co-op Cooperative Consumer Association Ltd. of the State of Israel – the person in charge of the registry).

4.1.Changes in the registration method following computerization

A. The share of the common property in condominiums will bear the number – 0 -.
The number will be indicated in the documents submitted for approval by the supervisor of real estate registration. In houses that were previously registered in the register of condominiums, the number will be changed during the conversion of the registers to the computer. The original number of the common property will be recorded in the designated field on the common property screen.

B. The house registered in the condominium register will have one common property, even if the house consists of several buildings. If there is an attachment of common property to each of the buildings, this attachment will be specified in the bylaws of the condominium.

third. The address of the property will be recorded in the common property section of the house.

d. Every connection in a shared house will receive a marking, including the exterior walls of an apartment.

4.Amending a condominium order

4.2. Clarifications

A. An application file for amending a condominium registration order will be submitted by the owner/tenants or a lawyer on their behalf, the details of the owner/tenants or lawyer will be written on the cover of the file.

B. The submitter of the documents must submit them after checking that all the details provided are correct and after making sure that all the documents have been submitted in full. Also, he must check and proofread all the documents before submitting the application, including making sure that there are no typographical errors in the documents, that they correctly reflect the status of contractual rights and obligations, and that the documents are all consistent with each other.

third. These instructions do not create rights that do not originate in the law or any obligation in relation to the request, nor do they affect the possibility that additional or different instructions will be given, in accordance with the law, the ruling and the circumstances of the matter.

d. These guidelines are intended to help and facilitate those who apply for the correction of a condominium registration order and refer to the more common situations of orders.

God. When it is necessary to complete or correct details in the registration form, such as: completing the owner’s or lessee’s identification number or a company’s registration number, the application and the appropriate documents must be submitted to the Land Registry Office and make sure that the matter has been settled before submitting the application to amend the condominium registration order.

4.2.Purpose

A. The procedure for correcting a condominium registration order is carried out pursuant to section 145 of the Land Law, 1969 (hereinafter – the Land Law), and within the framework of which it is possible to change the registration details included in the registration order of the condominium.
An expression of new construction done either in the apartment or in the entire condominium, such as according to rights granted in the regulations or by virtue of sections 71 A – 71 D To the Land Law, 1969 and other amendments.

B. As part of amending an order, an agreed regulation can be registered or changed, in accordance with section 62 (a) of the Land Law; To transfer an attachment from apartment to apartment according to section 62 (a1) of the Land Law.

4.2. Submission of the application documents
For the purpose of correcting an order for the registration of a condominium in the register of condominiums, the following documents must be submitted to the Office of the Superintendent of Real Estate Registration under whose jurisdiction the real estate is located:

A. Request to correct the condominium registration order Signed in the original.
After the inspection by the inspector’s office, the applicant will be required to produce additional copies, as the number of notices, as detailed below.

B. Agreements of the apartment owners as well as agreements of other rights holders, as the case may be.

third. A blueprint prepared by an engineer, architect or certified surveyor or certified engineer (hereinafter: “draft editor”), approved by the local planning and construction committee. (For special reasons – which the inspector will approve as such – a script can be submitted without the committee’s approval).

d. Agreed regulations or amended agreed regulations, as the case may be, in two signed copies in the original.

God. Approvals from the real estate taxation offices, from the local authority and the local planning and construction committee regarding their agreement to the repair and the absence of debts of all the apartment owners who apply according to the matter.

and. If the applicant is a corporation, a protocol of the directors’ decision regarding the requested actions, signed by the chairman, must be attached. The signature will be verified by an attorney or an accountant who will also confirm: that the corporation exists and operates, that it is qualified according to the memorandum and regulations to perform the requested action, and that the applicant is authorized to sign on behalf of the corporation. , this must be specified in the protocol.

G. A fee at the rate stipulated in the Land Regulations (Fees), 1974.

H. Additional documents depending on the essence of the requested correction.

4.2.Detail regarding the documents

A. The application will be filled out and printed on a document (for example Application form for amendment of a joint house order) when it is signed in the original.

B. The request will be signed by the applicant, as stated in section 145 of the Land Law, and his signature will be verified by a lawyer in the same way that a transaction deed is verified.

third. If the application is signed by a power of attorney, the power of attorney must be attached to the application.

d. The request must be detailed and defined in a clear and complete manner, and all relevant aspects must be noted (such as: changing the areas of apartments or annexes, changing the number of apartments in the house, creating or canceling annexes, changing the calculation of the parts of the joint property).

e. In amendments in which it is requested that apartments be distinguished between owners or tenants, according to regulation 62 of the Land Regulations (Management and Registration), the ninth of 2011, an application for the distinction of apartments must be attached. 2>, which details the division of the apartments between the owners, when it is signed by the owner (and if a lease for generations is registered, the application must also be submitted by the lessees) and verified by an attorney, as is the way a transaction deed is verified.Alternatively, you can specify in the application form the uniqueness of ownership in the new apartment(s).

4.2.  The consent of the apartment owners, sending messages and submitting complaints

A. Agreements, notices and submission of claims

1. When the requested correction refers to a mortgaged apartment or for which there is a receivership order – the consent of the mortgagor must also be attached, as well as the receiver’s consent and the approval of the court/executive office (as the case may be), as required.

2. When the requested correction refers to an apartment for which a foreclosure order is registered, a court/execution office permit must be attached (as the case may be).

3. When a warning note or other comment is recorded in relation to an apartment among the apartments in the condominium, whose registration order is sought to be amended, the consent of the owner of the warning note must be attached to the amendment of the requested order. When the warning note is registered in the apartment where the correction has not been applied, instructions will be given by the inspector as appropriate.

4. In a request for amendment of a condominium order, which involves damage to common property or damage to some other right of the apartment owner(s), the consent (verified by a lawyer) of the apartment owners must be attached, in accordance with the provisions of the law and the agreed regulations registered.

5. If there is any doubt about the consent, the document will be forwarded to the supervisor’s decision.

6. Regarding rights holders whose consent to the requested amendment was not produced, only after the file is submitted to the inspector’s office and found eligible for registration, instructions will be given to the file submitter in connection with sending notices prepared in accordance with rule 59 (a) of the real estate regulations, in order to produce them in accordance with section 145 of the law to every apartment owner or the owner of the rights in the apartment.

b. Submission of claims – objection to amendment of order

1. According to rule 59 (b) of the real estate regulations, the claims must be submitted within 15 days from the day the notice arrived.

2. The claims shall be submitted in writing, at the inspector’s office, along with a fee at the rate fixed (as of the date of submission of the claims) in the Land Regulations (fees), 1974.

3. The claims will be forwarded through the inspector’s office to the applicant for the correction for his response, after which the inspector’s decision will be given.

4. According to rule 59 (c) of the real estate regulations, the inspector will discuss the request and claims submitted to him based on the written material submitted to him, without hearing the parties. However, he may, for special reasons, order a hearing to be held after which he will decide whether to accept or reject the claims.

5. An inspector’s decision can be appealed to the commissioner of the registry, as stated in section 121 of the Land Law. Therefore, if an appeal is submitted to the commissioner within a period of 15 days, as stated in regulation 74 of the land regulations, the issuance of the correction order will be delayed, until and in accordance with the commissioner’s decision.

6. The appeal must be submitted to the inspector’s office, which will be forwarded to the supervisor, along with the action file.

7. The commissioner’s decision can be appealed to the district court, as stated in Section 122 of the Land Law, within a period of 15 days, as stated in Rule 76 of the Land Regulations, and the issuance of the order must be delayed, as stated above and accordingly.

4.2.script

A. The blueprint of the house, all or part of it, as directed by an inspector, approved by a planning institution; An inspector may, for special reasons, allow the addition of another draft, which gives to his opinion a faithful picture of the condominium on its apartments or part, as the case may be. :

1. Details identifying the condominium:
Block – _____________________
Plot – ___________________
Property address – _______________

2. Details of the condominium in the state before the repair and in the state after the repair, with reference to the following points:

No. The buildings/wings/entrances that make up the condominium

No. The floors in each building/wing/entrance

All the apartments in each building/wing/entrance

All the apartments in the condominium

3. Tables of details about the apartments – with reference to the part of the house, regarding which the repair is requested, in both situations – before the repair and after. changed and/or cancelled. In the row(s) of apartments that do not participate in the repair, it must be stated “not the subject of the repair”.The table referring to the situation after the repair will be prepared like the table referring to the situation before the repair, when the details of the apartments participating in the repair are updated according to the situation after the repair . In addition, you must specify in the “comments” (in the line that refers to the apartment subject to the repair) the nature of the repair (for example: the area of ​​the apartment has increased, new connections have been added, etc.). The subject of the amendment”.

4. A linkage whose area or position changes, is canceled following the correction, and receives a new letter marking. In the comments column it will be written on the side of the link – cancelled.

B. When a correction is requested that expresses physical changes made to the apartment, such as changing its area or boundaries, either to another apartment or to the shared property, there is no need to change the number, unless it is a consolidation or splitting of apartments, in which case the new units will receive new sub-numbers. The first of which will be a consecutive number, after the last subdivision number, existing in the registration on the eve of the amendment and which was not previously used as the number of any subdivision.

c. At the bottom of the first page of the blueprint (below the table) will appear the statement of the editor of the blueprint and his signature, in the following wording: located on _____________ street, no. _______, city __________, and known as lot/page ____________ in block/asset block ________, and faithfully reflects the part of the house that is undergoing repair as it is today. , and refers only to the requested repair in apartment/s no. _____, and its essence _______________ (description of the requested amendment in words).I confirm that all the areas in this deed have been measured according to the provisions of the Sales Law (Apartments), Theshel”3- 1973, or According to ____________.I confirm that the house does not exceed the boundaries of the plot(s), based on:___ measurement by a certified surveyor. ___ A measurement I made as a certified surveyor.I confirm that the height of the apartments/floors indicated in the plan is:___ Measured height.___ Height according to the permit.___ A combination of measured height and from the building permit.___ Height according to the planning and construction regulations.Notes: /span>

1 . It will be possible to use another area definition subject to the approval of the inspector as detailed in section 1 of the tax procedure. 1-7-19. It will be clarified that to the extent that the calculation of the areas during the registration of the condominium was not carried out according to the procedure, the areas must be calculated for the correction according to the method of calculation and the procedure that existed on the eve of the original registration, without the need to obtain prior approval from the inspector.

2. When it comes to a repair that includes all the units of the condominium, such as after the implementation of the 38 TAMA project, the areas will be calculated according to the 1-7-19 procedure.

3. The editor of the draft will add his signature and stamp to each addition and to each correction in the draft.

4. In the order amendment draft, there is no need for an environment diagram and a plot diagram (unless required by the inspector).

5. The drawing will include a diagram of the apartments that are undergoing change and will reflect the condition of the apartment, as recorded, including the change that is requested to be recorded (regarding the preparation of an apartment diagram, see also section 4.1.6 above) .

6. The drawing will be prepared on a scale of 1:100, indicating the north direction.

7. The draft is valid for one year from the date the committee signs the draft (as often as the committee’s signature is required) or from the date it is signed by its editor (whichever is later), and the inspector may request an update even at an earlier date, if he had reasonable grounds to believe that there has been a change in the structure.

4.2.Regulations
The owners of the apartments in the house decided to register an agreed regulation or an amended agreed regulation, according to section 62 of the Land Law, or the subject of the requested amendment requires regulation also in the regulations, according to the Land Law, or there A determination in the regulations, which the amendment comes to change, must be acted upon as follows:

A. The by-laws, or the change in them, must be edited in the same format as the by-laws submitted for registration with the house registration, with the required changes.

B. The regulations and any changes to them will be signed by the apartment owners with the required majority, according to section 62 of the law, and their signature will be verified by a lawyer, in the appropriate wording (see the guidelines for registering a condominium).

third. The agreed regulations or the amended agreed regulations must be attached in two signed copies in the original.

d. Insofar as the agreed statutes submitted for registration include provisions that have the effect of acquiring rights in the real estate, the tax authority’s signature is required on the request to amend the condominium order, and in the event that the request does not specify the proprietary provisions on the statutes as well, indicating that the tax authority has no objection to the requested amendment or that there is no tax debt . The aforementioned does not affect the instructions regarding the correction of a scribal error as specified in section 4.2.8 in ‘ below.

4.2.  Tax approvals (amendment of a condominium decree/subplots in a condominium)
As a rule, the amendment decree does not serve as an instrument for transferring rights in the property, except in exceptional cases, however, if the requested amendment rule A transaction, including removing part of the common property and attaching it to one of the apartments or making it part of one of the apartments in the house and vice versa, or in the case of transferring an attachment or part of one apartment to another apartment, when the two apartments are registered with different costs, because then certificates of payment or exemption from taxes must be produced. The request to amend the condominium registration order must therefore be detailed and include all the elements of the requested amendment.

A. The tax certificates that must be attached:

1 . Confirmation from the local authority and the local committee for planning and construction (regarding property tax and the improvement levy), on their agreement to the requested amendment and regarding the absence of debts to be paid in the name of the owners whose apartments the amendment will apply to.

2. Confirmation from the real estate taxation offices, on their agreement to the requested amendment and regarding the absence of debts to be paid in the name of the owners whose apartments the amendment will apply to.

In the amendment of a condominium registration order without distinguishing apartments, the approval of the real estate tax office, as required, will be given on the application form for amendment of the condominium registration order.

In repairs in which a new apartment(s) is created, and the ownership of which is specified in the application form for apartment differentiation (and not in the application form for correction), the approval of the real estate taxation office will be given by signing on the copy of the application for apartment differentiation.
As a rule of amendment, including a change in the old apartments and/or their attachments, the real estate tax office must also sign the application form for the amendment of the condominium order (in addition to the application form for the separation of apartments).

b. The tax certificates that must be attached in cases of scribe error corrections in a joint house order

1 . A request to correct a condominium order in which a replacement of connections between apartments is requested – as long as the area of ​​the connections is approximately the same, no tax approvals are needed in order to correct the clerk’s mistake. In any other case, the reference of the tax authority must be obtained.

2. When a request is submitted to correct a clerical error regarding the exchange of sub-plots between owners in a shared house – as long as the area of ​​the sub-plots is approximately the same, there is no need for tax approvals in order to correct the error. In any other case, the reference of the tax authority must be obtained.

3. Addition/removal of attachments or building rights, or changes that are not among the changes in sections A, B Above- in these cases, as long as the land registrar or the supervisor of land registration is convinced based on the material placed before them that this is a clerical error, it is possible to suffice with a lawyer’s affidavit confirming that it is a clerical error and that the requested correction reflects the report for real estate taxation and that there is no tax debt for the aforementioned report.

4. In the event that in the original registration there was a clerical error in the registration of one of the sub-plots in the condominium, which led to the fact that the remaining sub-plots were also mistakenly registered, there is no need to produce the approval of the Tax Authority for the correction, provided that an affidavit of the lawyer who registered the condominium, or an attorney who checked himself all the registration documents of the condominium, declaring that it is a clerical error that arose from the original registration and which affected all the units that are the object of the correction.

5. The above does not detract from the authority of the registrar or the inspector to demand additional documents and certificates, if he finds that the circumstances of the matter justify it.

4.2.Another reference to the amendment of the condominium order

A. In a request to amend a condominium order, which involves damage to shared property or damage to some other right of an apartment owner, when the damage was not permitted by the agreed regulations – the consent of the apartment owner(s) or a resolution, as required, with their signature verified by a lawyer, must be attached.
If there is any doubt about the consent, the document will be forwarded to the supervisor’s decision.

B. When the requested correction refers to a mortgaged apartment or for which there is a receivership order – the consent of the mortgagee must also be attached, as well as the receiver’s consent and court approval, as required.

third. When the requested amendment refers to an apartment, for which a foreclosure order is registered, section 34 (c) of the Enforcement Law, 1967-1967 prohibits the performance of any voluntary action in the apartment, and therefore, a court permit must be attached.

d. When a warning note or other note is recorded in relation to an apartment among the apartments in the condominium, whose registration order is sought to be corrected, it must be verified that the correction does not constitute a transaction that contradicts the content of the note. When the note is registered in the apartment where the correction will apply, the consent of the owner of the warning note must be attached to the correction of the requested order. When the warning note is registered in the apartment where the correction has not been applied, instructions will be given by the inspector as appropriate.

4.2. Instructions for amending a condominium order regarding apartment expansion

A. The procedure for correcting the registration in which it is requested to reflect the change in the area of ​​the apartment due to its expansion is a separate procedure from the planning procedure according to which the building permit is issued.

b. An application for the amendment of the joint house order must be prepared (for example application form for the amendment of the joint house order). Be sure to fill out all the fields in the application form and specify what the requested correction is.

third. The application form will be submitted when it is signed by all the owners of the unit undergoing repair, or a lawyer on their behalf if they signed under a power of attorney. As far as the unit undergoing a lease record correction, the lessees also have to sign the application form.

d. The signatures of the applicants will be maintained by a lawyer.

e. A blueprint prepared by a certified architect/surveyor or engineer, which was specially prepared for the amendment of the condominium order in accordance with the guidelines for amending an order.
It should be emphasized that the blueprint for amending the condominium registration order is not the building permit plan.

and. The approval of the local committee for planning and construction on the repair sketch confirming that the sketch conforms to the permit.

G. The real estate taxation office stamps the application form, which includes confirmation that there is no objection to the requested amendment.

H. The approval of the local authority regarding the absence of debts (regarding property tax and the improvement levy) for the unit undergoing repair.

ninth. Explicit and signed consent of all owners of warning notes listed in the unit undergoing repair, and verification of their signature by Atty.

J. The consent of the owners of the mortgage/other encumbrance registered in the unit undergoing repair.

11 Consent to the repair of 75% of the owners of the units in the condominium where 2/3 of the common property is attached to their apartments + beneficiaries of a warning note.

12. When a legally verified consent is submitted that includes all the details of the request – there is no need to send a message to the person who gave their consent as stated.

13. When the apartment expansion is carried out on the area adjacent to the expanded apartment, there is no need to send notices to the banks (registered in the apartments that do not participate in the repair) or to get their consent to the request to amend the condominium registration order regarding the extension of the apartment (residence).

Hand. When a claim is asserted regarding constructive consent due to a “similar extension”, it is possible to suffice with a measured affidavit for the purpose of proving the claim. In the event that such an affidavit is submitted, the owner of the apartment who made a similar extension should be considered as apparently agreeing to the request, and it is sufficient to send a notice to the owner of the apartment that was extended by registered mail with delivery confirmation. As long as no objection is submitted on his behalf at the time specified in the notice, he must be considered as agreeing to all intents and purposes.

to. When the building permit signed by the apartment owners is submitted but the consents are not verified, or when a document is submitted that includes unverified signatures of the apartment owners, or the document does not include sufficient details of the application data – in this case, the consent of the person who signed can be seen as apparent consent.When some of the apartment owners who They signed the building permit and the current owner’s consent cannot be obtained, a notice must be sent to the current apartment owner by registered mail with confirmation of delivery, and as long as no objection was submitted on his behalf at the time specified in the notice, this must be considered consent for all intents and purposes.
In this case, a notice must be sent to the apartment owner by registered mail with confirmation of delivery, and as long as no objection was submitted on his behalf at the time specified in the notice, this must be considered consent for all intents and purposes.

16 When it is a shared house that includes buildings/wings/entrances, and an extension was made in one building/wing/entrance, presenting the necessary majority in that building/entrance/wing, and in addition, the approval of the planning institution was presented that the construction percentages were determined for each building/wing/entrance separately – It is possible to be satisfied with hanging notices in the rest of the buildings/wings/entrances, even if the regulations did not include a provision allowing to do so, and as long as no objection is filed to the request, the apartment owner who submitted the request must be considered as the one who presented the necessary majority.

17 Notwithstanding the foregoing, the inspector may demand additional consents, as far as he finds that the circumstances require it.

18 After the inspection of the documents and in accordance with the provisions of Section 145 of the Land Law, 1969, notices will be sent to the owners of the rights insofar as no consent has been obtained from all of them, as detailed in the instructions for amending the condominium order.

19. A certificate of payment of a fee according to the updated rate must be attached in accordance with the Land Regulations (fees), 1974.

4.2.  Amendment of a decree for the purpose of promoting the 38 project in accordance with the Land Law (strengthening condominiums against earthquakes), 2008
Background –
A national outline plan for strengthening existing buildings against earthquakes, known as TMA 38, applies to buildings whose construction permit was issued before 01.01.80 and which an engineer determined required strengthening against earthquakes, and it establishes planning arrangements to promote the strengthening of buildings against earthquakes. Among other things, TAMA 38 allows for the addition of building rights, including for the purpose of adding housing units to houses as an incentive to strengthen them.
In order to facilitate the realization of the goals of TAMA 38 in condominiums, the Land Law was enacted (Strengthening condominiums against earthquakes ), 2008 (hereinafter – the Strengthening Law), which, among other things, seeks to establish a special mechanism for carrying out transactions in the shared property in order to add a new apartment, and all – under the conditions and stipulations set forth therein.
Background It is the following transactions to realize the construction options in accordance with TMA 38 and the strengthening law. These are transactions between owners of existing apartments, all or part of them, and an entrepreneur who will invest in strengthening the condominium, when in return he will be able to build, and possibly sell, the additional apartments that he will build in the common property of the house. Amendment dated 1.1.17)In cases where the parties to the aforementioned transaction do not want to be satisfied with warning notes, but want the records relating to the new apartments to be recorded on a separate registry unit even before their construction, it is possible, with the consent of all the owners of the apartments and the rights in the house and subject to According to the provisions of the law and procedure, to submit to the inspector of real estate registration a request to amend the condominium order, to which all the required documents will be attached, in accordance with the instructions for amending the registration order in the “M. As an additional apartment, to which will be attached the part of the common property on which the new apartments are to be built (attachment of part of the roof or land to be defined in the charter) and the construction rights granted by virtue of TAMA 38 (Amendment to the Regulations) (7.5.089) within the framework of the agreed regulations/amended agreed regulations.< /span>In addition, there is no need to send notices according to section 145 of the Land Law to these parties, unless the inspector finds that there are special circumstances that justify it. In the aforementioned case, there is no need to copy the encumbrance (mortgage/warning note/foreclosure) registered on the existing units, to the newly created registered unit.There is no need for the consents of banks with mortgages/beneficiary banks Warning notes regarding the obligation to register a mortgage/foreclosure holders. Also, there is no need for the consent of “Kel Insurance Company Ltd” For the above, if she is registered as the owner of her mortgage/obligation to register her mortgage.

4.2. Amending the condominium registration order by way of cancellation and re-registration

A. Cancellation of a condominium registration order is regulated by the provisions of sections 146 – 148 of the Land Law and sections 61, 60 of the Land Regulations.

B. When the request is to amend the condominium registration order regarding a large number of apartments in the condominium, such as due to a comprehensive physical change in the house or if, God forbid, many mistakes were discovered, the possibility arises that the amendment will be carried out by canceling the condominium registration and re-registering it in the condominium register in its new format.

4.Cancellation of a condominium registration order

4.3.Clarifications

A. Cancellation of a condominium registration order is regulated by the provisions of sections 146-148 of the Land Law and sections 61, 60 of the Land Regulations.

B. A file can be submitted to cancel the registration of a condominium if one of the following alternatives exists – the request for cancellation has been submitted by all owners (and if a lease for generations is registered, the request must also be submitted by the lessees), or if the inspector is aware that the house is no longer worthy of registration in the register of condominiums, or Pass”d” was issued ordering the cancellation of the registration of the shared house, or in the event of the registration of a consolidation and division plan.

c. The submitter of the documents must submit them after checking that all the details provided are correct and after making sure that all the documents have been submitted in full. In order to prepare the documents, you must rely on a current registration form. The agreed bylaws/special agreement must be checked, to the extent that such was registered for the joint house, to make sure that it did not include any special instructions regarding its cancellation.
Also, he must check and proofread all the documents before submitting the application, including making sure That there were no typographical errors in the documents, that they correctly reflect the state of contractual rights and obligations, and that the documents all correspond to each other.

d. An application that has not been prepared and submitted, with all its appendices in accordance with the instructions, will not be accepted, and the defective application file will be returned to the applicant.

God. These instructions do not create rights that do not originate in the law or any obligation in relation to the request, nor do they affect the possibility that additional or different instructions will be given, in accordance with the law, the ruling and the circumstances of the matter.

and. When it is necessary to complete or correct details in the registration form, such as: completing an owner’s or tenant’s identification number or a company’s registration number, the application and the appropriate documents must be submitted to the Land Registry Office and make sure that the matter has been settled before submitting the application to cancel the condominium registration order.

G. These guidelines are intended to help and facilitate those applying for the cancellation of a shared house, and they refer to the most common situations.

H. It will be clarified that the inspector has the authority to demand any other document that is not specified in these instructions in order to make a decision on the request.

4.3.The types of cancellation

A. In cases where all the owners of the rights in the house agree on its cancellation so that the request for cancellation was submitted by all the owners (and if a lease for generations is registered, also by all the tenants), such as a case where the condominium has undergone a comprehensive structural change and/or you discover many mistakes in the registration of the condominium, The possibility arises that the amendment will be carried out by canceling the registration of the condominium and re-registering it in the register of condominiums in its new and correct format.

B. In cases where the inspector learns that the house is no longer worthy of registration in the register of condominiums, an order will be issued to cancel the condominium and transfer the rights from the register of condominiums to the register of rights.

third. In cases where an order is issued ordering the cancellation of the condominium, the real estate inspector’s office will honor any judicial order/order issued subject to the production of tax certificates (if necessary) and all the documents required for the requested action, including the payment of legal fees.

d. In cases where a new division must be registered in accordance with section 125 of the Planning and Construction Law, 1965, which includes the cancellation of the plot(s) in which the condominium was registered.

4.3.Cancellation of a condominium registration order with the consent of all rights holders

A. In cases where all the owners of the rights in the shared house agree on its cancellation, the request for cancellation will be submitted by all the owners and if a lease for generations is registered, also by all the lessees. (For example, in a case where the condominium underwent a comprehensive structural change and/or many mistakes were discovered in the condominium registration, the possibility arises that the correction will be made by canceling the condominium registration and re-registering it in the condominium register in its new and correct format).

B. The documents required for the purpose of submitting an application to cancel a condominium registration order with the consent of all rights holders:

1 . Application file for the cancellation of a condominium registration order with the consent of all owners and tenants (if there are tenants), the details of the owners and tenants or their attorneys will be recorded on the cover of the file.

2. Application form for the cancellation of the condominium registration order, signed in the original by all the owners and tenants and duly verified.
As long as the application is signed by a power of attorney, the power of attorney must be attached to the application (signed in the original or true to the original). It should be noted in the application that it was signed by power of attorney.
There is no need for the signature of the beneficiaries of an easement that does not depend on the registration of the condominium, and local authorities whose rights have been registered expropriation/lease in favor of a road) and all according to the circumstances of the case and the inspector’s requirement.

3. The signed and duly verified consent of all the owners of the rights registered in the plot, to the cancellation of the shared house.
There is no need to produce the consent of local authorities to whom a lease / expropriation (for the benefit of the road) is registered in the shared property plot and/or the consent of the beneficiaries of a loss of enjoyment which does not depend on the registration of the condominium, and everything in accordance with the circumstances of the case and the inspector’s requirement.
As soon as such agreements are not found, notices will be sent as stated in regulation 60 of the real estate regulations.

4. It will be clarified that if there is a stipulation in the consent letter (for example: the beneficiary of a warning note/mortgage states in the consent letter that the aforementioned “agrees to the cancellation of the joint house order and on the condition that when the joint house is registered the note/mortgage will be assigned to a certain sub-plot”) the consent cannot be obtained Unless, at the same time as the file for cancellation of the condominium is submitted, a file for the registration of the condominium is also submitted in which it can be proven that the stipulation is met.

5. If the applicant/gives his consent to the cancellation, a corporation, a protocol of the decision of the directors’ meeting regarding the requested actions, signed by the chairman and verified by a lawyer, must be attached.
In addition to verifying the signature of the chairman, lawyer D (any attorney) or an accountant of the corporation, will confirm on the minutes or in a separate document – that the corporation exists, that it is qualified according to the memorandum and the bylaws to perform the requested action, and that the corporation’s decision of ______ (date must be filled in) was legally accepted.
A year has passed between the date of approval by an attorney or auditor for the protocol and the date of signing the application (or other relevant documents) by the corporation, you must additionally attach a lawyer’s certificate (any lawyer) attesting that the corporation’s decision It is still in force, and that the parties who signed his name are still authorized to do so.

6. Insofar as the application form indicated that the parts of the joint property will be determined in a manner different from that stipulated in section 147 of the law, i.e. not in accordance with the parts of the apartments in the joint property before the cancellation, tax approvals will be required as detailed below:

Real estate tax office approval which will be submitted with the office’s signature on top of the request to cancel the condominium.

Certificates from the local authority and the local committee for planning and construction regarding the absence of debts to be paid (regarding property tax and the improvement levy) in the name of the owner.

Real estate tax office approval which will be submitted with the office’s signature on top of the request to cancel the condominium.

Certificates from the local authority and the local committee for planning and construction regarding the absence of debts to be paid (regarding property tax and the improvement levy) in the name of the owner.

7. As long as a registration file is submitted at the same time or close to the filing of the condominium cancellation file, despite the fact that it is a deed submitted for the purpose of “registration of a condominium”, it must be verified that the deed submitted in the file is approved by a planning institution.

8. A fee at the rate stipulated in the Land Regulations (Fees), 1974.

4.3. Cancellation of a condominium registration order that no longer deserves to be registered in the condominium register/ by virtue of a judgment

A. In cases where the inspector is aware that the house is no longer worthy of being registered in the register of condominiums, an order will be issued to cancel the condominium and transfer the rights from the register of condominiums to the register of rights. Also, in cases where paragraph D is issued ordering Cancellation of the condominium, the office of the inspector of the land registry will respect any judicial order/paragraph “d” that will be issued subject to the production of tax certificates (if necessary) and all the documents required for the purpose of the requested action, including the payment of legal fees.

B. Documents required for cancellation:

1 . Application file for the cancellation of a condominium registration order, the details of the applicant or his attorney will be recorded on the cover of the file.

2. An application form for the cancellation of the joint house registration order is printed and signed in the original by the applicant or a lawyer on his behalf, or by submitting a notice signed by the submitter of the notice.
As long as there are owners of rights (other than beneficiaries of an easement that does not depend on the registration of the house the common, and local authorities whose rights have been registered expropriation/lease in favor of a road) that their express consents, signed in the original and authenticated (in the way a deed of sale is verified) to cancel the condominium, and in the view of the inspector that the house is no longer worthy of registration in the register of condominiums (in accordance with section 146 of the law and regulation 61 of the real estate regulations) Each owner of an apartment, or a right to an apartment, will be sent advance notice and an opportunity to state his claims, including their objections, to the inspector.

3. Proof that the house no longer deserves to be registered as a shared house, such as: an affidavit, demolition photographs, a demolition permit photograph, approval from the planning institution.

4. In the cancellation of a joint house by virtue of a judgment, the judgment must be attached, signed in the original by the court’s secretary, or a copy of the judgment when it is signed with the seal of the Court’s office/secretary of the court and bears the stamp of a lawyer “loyal to the original”.
As long as there are rights holders (other than the beneficiaries of an easement that does not depend on the registration of the condominium, and local authorities whose right has been registered an expropriation/lease in favor of a road) who were not a party to the legal process, they will be given advance notice and an opportunity to argue their claims.

5. A fee at the rate stipulated in the Land Regulations (Fees), 1974.

4.3.Cancellation of a condominium registration order in connection with the registration of a consolidation and division plan in accordance with section 125 of the 1965 Planning and Construction Law

A. To the application file for consolidation and division (which will be submitted to the registry office), will be attached an application file for the cancellation of a condominium registration order.
A file that was submitted with the consent of all owners, the details of the owners or their attorneys will be recorded on the cover of the file.
A case submitted by the planning institution, the details of the planning institution or its representative, will be written on the cover of the case.

b. In the event that the condominium is destroyed or in the event that all the apartment owners requested to cancel it, the inspector will cancel the condominium in accordance with the instructions detailed in sections 4.3.3 . and 4.3.4 above.

c. In the event that the condominium has not yet been destroyed, and no request has been submitted from all the apartment owners to cancel it, the condominium will be canceled subject to section 2.5.30 c’ above.

4.Real estate settlement

4.4.Settlement of real estate registered in the register of condominiums – actions of settlement officials

A. In accordance with section 11, the settlement official will send to the representative offices of the condominiums-

1. Notification of the progress of the settlement work. The notice will be sent on a form similar to the one in Annex No. 16.

2. Invitation to attend a real estate survey. The order will be sent on a form whose sample is attached in Appendix No. 17.

3. If a claim memorandum is submitted by the representative of the condominium – regarding the entire house, or by one of the apartment owners – regarding a sub-unit, the claimant will be required to attach a registration form.

b. Claims table–

1 . In the block’s claims table, the following wording will be recorded regarding the condominium plot, across all the columns, starting with the “names of claimants” column: “The rights claimed in this plot are in accordance with the registration forms attached to the claim memorandum”.

2. Close to the date of investigation of the claims, the following actions will be taken:

(a) The claim memorandum submitted as stated above, will be updated according to updated registration forms, which will be ordered from the registrar for official purposes.

(b) Regarding plots of condominiums, which have not been claimed, a report will be prepared, which will contain the following details from the condominium registers-

lot number and number of the mole block;

the condominium file number;

number of subdivisions;

the number of the common property plot;

Details regarding easements, if any.
Note – the report will be prepared based on new and old plot numbers, and will be signed by its editor.

3. When investigating the claims, the settlement official will attach the above report to the memorandum of one (inclusive) claim and on page 4 of his handbook he will give a decision according to section 24 of the ordinance, in the following wording – “with authoritative force according to section 24 of the ordinance for the settlement of rights in real estate (new version) ), 1969 – 1969, Harini decides to consider all the owners of the rights registered in the registers of the condominiums (Sh) in the plots detailed in the report attached to this memorandum of claim and which is an integral part of it, as if they submitted memorandums of claim at the appointed time.

c. Schedule of decisions– References to the register of condominiums (S”i) will be recorded in the schedule of decisions, according to the wording agreed upon regarding the schedule of rights (see below), whether Claim memoranda have been submitted for the plots of the condominium and whether or not.

d. List of rights will include–

1 . all the plots in the block and will also include the plots registered in the register of condominiums.

2. In the plots registered in the register of condominiums, the sub-plots will be listed.

(a) Registration of the main plot.

(b) Registration of the sub-plots.

e. Registration of the main plot–
In the list of rights referring to the original plot, the following details will be recorded-

1 . In the “Sliding tax” column – The number given to the lot will be recorded.

2. In the “Slide Area” column – The sliding area will be recorded.

3. In the column “The name and address of the person entitled to the rights”, it will be written as follows-

(a) Ownership –
The names of the owners are in accordance with the names of the registered owners of the sub-plots from tax’___ to tax’ ___.” Ask the settlement official

In the numbers of the sub-plots, the main plot number will also be indicated, for example – sub-plots from tax 15/1 to No. 15/7.

The numbers of the sub-plots will not include tax The subdivision of the common property.

(b) The parts –
The share of each of the owners in this part, is according to the part he has in the common property, as specified in sub-parts of the tax’ ___ to no. ___.”
Ask the settlement official – the numbers of the sub-plots will not include the sub-plot of the common property.
Note – an order was issued to register a shared house in file b. M. /_________ (that”i).”

In the “Parts” column – it will be written “see paragraph in ‘ in the previous column.”

In the “type of rights” column – Nothing will be recorded (a line will be drawn).

In the “slot description” column – “Land with a building on it” will be registered. (or “buildings”, depending on the matter).

in the column “other rights relating to the plot” – will be registered as follows – “in accordance with being registered in the tax sub-plots’ ______ to no. ______.”.
Ask the settlement official – in the numbers of the sub-plots, the common property plot must also be indicated.

and. Registration of the sub-plots-
In the schedule of rights relating to the sub-plots, the following details will be recorded:

1 . Next to the title “List of rights” – the words (“condominiums”) will be added.

2. In the “block number” box – the number of the block will be recorded.

3. In the “serial number” slot – the letters A-B will be written, in chronological order.

4. in the “tax” column Plot” – the number of the main plot and the numbers of all sub-plots will be recorded. For example – 15/1-8.
Ask the settlement official – the numbers of the sub-plots will include tax The subdivision of the common property.

5. In the “Sliding area” column – nothing will be recorded (a line will be drawn)

6. In the column “The name and address of the person entitled to the rights” – will be registered as follows-
The registration details of the sub-plots and their numbers are in accordance with the registration in the registers of the condominiums (S”i), assessment block No. __, plot no. __, sub-plots from tax’ __ to tax number __.”
Ask the settlement official – the subplot numbers of the joint property must also be included in the subplot numbers.

4.4.Presentation of tax certificates in the settlement procedures
In order to advance the settlement procedures in light of the various government decisions, it was agreed with the Tax Authority, as follows:

A. In a situation where there are real estate settlement procedures for which there is no record (either in a note book, in an unapproved claim schedule, or in a non-final rights schedule) – there is no need to present tax certificates of any kind as part of the real estate settlement procedures.

B. In a situation where there is an entry in the bill register:

1 . In the situation of copying a registered right without a change in the registered right owner – there is no need to present tax certificates because there is no change in the registered right owner.

2. In a situation where there is a change in the registered right holder – it is necessary to present tax certificates, except if it has been proven to the settlement officer’s opinion that this is a change due to an act of inheritance.

third. In a situation where there is no entry in the note book but there is an entry in an unconfirmed claim list/non-final rights list – there is no need to present tax certificates of any kind in order to carry out real estate settlement procedures.

4.Claims in disputes discussed by the supervisor

4.5. The types of conflicts discussed by the supervisor

A. The inspector discusses disputes related to houses registered in the register of condominiums as well as disputes related to houses that are not registered in the register of condominiums but deserve to be registered as such. A house, for this matter, is a building that has two or more apartments.

B. The Civil Procedures Regulations, 999-2018, apply, with the changes required for the procedures in disputes heard before the inspector.

third. The types of common conflicts that the supervisor discusses-

1 . Participation of apartment owners in the expenses necessary for the proper maintenance of the common property, its management and the provision of services according to law or practice.

2. Disputes between apartment owners according to the regulations found in the addendum to the Land Law.

3. Disputes between apartment owners according to the agreed regulations apply to the shared house that is the subject of the dispute.

4. Disputes between apartment owners regarding trespassing by an apartment owner regarding another apartment, or regarding the joint property (this claim can also be submitted to the Magistrate’s Court).

5. Disputes between apartment owners regarding the extension of an apartment.

6. Disputes between apartment owners in connection with other common facilities including elevator, cables and satellite dishes. In accordance with what is stated in section 6 of the Bezeq Law and the adjustments of the common property for the use of people with disabilities.

7. Disputes regarding the strengthening of the shared house against earthquakes according to TAMA 38. The owner of an apartment with regard to disputes is also considered to be the person who owns the apartment on behalf of the owner of the apartment, as well as tenants or sub-tenants, for a period exceeding 25 years.

4.5.Provision of information by employees of the inspector’s office

A. The inspector may discuss disputes solely based on a lawful claim and after payment of the fee, which is stipulated in the court regulations (fees), 5677 – 2007; It is not his role to give legal advice or to hear arguments other than as part of a hearing conducted before him legally.

B. The employees of the Office of the Superintendent of Land Registration may provide in the above matters information limited to technical matters and technical procedural clarifications, related to the filing of a claim, without any additional interpretation. They are not allowed to give any substantial advice or explanations.

third. Any contact regarding disputes shall be made only at the secretariat, and the supervisor should not be contacted directly.

d. Applying to the inspector will be done according to the regulations of the 9″9-2018 civil procedure, in the same way as you apply to the court. No letters will be addressed to the inspector during a judicial case before him, both during the hearing and even after the verdict is rendered.

4.5.How to submit the claim

A. The lawsuit will be filed at the inspector’s office, where the shared house where the conflict occurred is registered. The claim will bear the title “plaintiff” and submitted printed on one side of the sheet only (see Financial claim and Financial claim-representation of a condominium).

B. The following details will be specified in the claim:

1 . His name, number the identity and address of the claimant and address for producing documents intended for the claimant;

2. the name, signature and address of each defendant;

3. A concise description of the shared house, where the conflict was discovered, namely-

(a) Home address.

(b) Block number and slip.

(c) The number of buildings in the house.

(d) The number of apartments in each building.

(e) Number of entries.

4. Description of the facts relied on by the plaintiff.

5. In financial claims (Section 58 of the Land Law), a breakdown of household expenses for the period of the claim, according to types of expenses and months, as well as a breakdown of the relative share of the defendant in each expense must be attached.

6. the grounds of the claim, including legal grounds;

7. the relief requested by the plaintiff;

third. The statement of claim will be submitted in two copies, and an additional copy for each defendant.

d. Regarding houses that are not registered in the register of condominiums, the following documents will be attached to the claim –

1 . Regulations – when the claim is based on regulations agreed between the apartment owners. Details of the area of ​​each apartment, the subject of the dispute, and the total area of ​​all the apartments in the house – in the dispute according to 58 of the Land Law (regarding financial claims regarding maintenance and management of the joint property).

4.5.Statement of defense

A. A defendant who is required by a subpoena to submit a statement of defense shall submit it within the time specified in the subpoena.

B. In the statement of defense, the defendant will indicate his address for the production of documents and orders.

third. Any factual error in writing, which was not explicitly denied in the statement of defense, is considered an admitted claim.

d. The statement of defense will bear the title “statement of defense”, and will be typewritten on one side of the sheet only.

God. The statement of defense will be submitted in 2 copies, and one copy for each plaintiff and other defendant.

4.5. Fee
A claim will not be accepted, unless a fee has been paid for it, at the rates and in the manner prescribed in the court regulations (fees) 2007-2007, the office employee appointed for this purpose, will provide the claimant with details Regarding the amount of the fee and the method of payment.

Laws related to land registration

5. cooperative societies

5.1. The right of tenants in a dissolved cooperative association
A cooperative association that was voluntarily dissolved, and the liquidator gave an irrevocable power of attorney, before deleting the association, but did not specify all the names of the tenants, who acquired rights in it before the dissolution, They can be registered without the need to revive the association. The liquidator or the power of attorney will produce an affidavit, in which he will list the names of the tenants – the winners, in order to allow the transfer of the leases in their names, and this without the need to demand the revival of the association.

5.1.Registration of the association number in the land register
In the land register, next to the name of the cooperative association, the association number, as written in the registration certificate, issued by the registrar of cooperative associations, must be entered.

5.1. Merger of corporations – creation of tax certificates
Merger of corporations by decree, from a corporation that is a cooperative society to a corporation that is a company – is not a voluntary transaction as defined in sections 54 of the Property Tax and Compensation Fund Law and 324 of the Ordinance the municipalities. In the case of a merger of companies, a real estate appreciation tax certificate will be required for exemption from appreciation tax and additional tax. Approval of the exemption – there is no need to provide property tax certificates from the local authority. If the exemption from appreciation tax and additional tax has not been approved, it will be necessary to produce the tax certificates from the treasury and the local authority, because this is considered a normal purchase.

5.1. Fee for name change registration
R’ The land regulations (fees), Israel” of 1974.

5.Construction and evacuation of rehabilitation areas

5.2. taking notes

A. Upon receipt of the satchel of publications or a set of regulations in which a notice was published according to section 34 of the to the Law on Construction and Evacuation of Rehabilitation Areas 1965; The land registrar will make sure to record the comments in the land registers regarding each of the plots listed in the addendum to the notice.

B. If the land registrar finds that it is not possible, for some reason, to record the comments in the land registers, he will directly contact the authority established by virtue of that law to obtain clarifications and additional details, such as an accurate description of the land according to the number of plots and blocks, etc.

third. After recording the comments in the registers, the land registrar will report the execution to the authority as well as to the commissioner of the registry on a special form established for this purpose (example in internal forms – “Confirmation of registration of a notice according to the land ordinance from the land registry to the commissioner of the registry”).

5. Hague convention

5.3.  Verification of foreign public documents

A. In the regulations file 3724 dated “27 in Sivan Tishle” (13.6.77) p’ 1940, regulations were published to implement the Hague Convention of 1961 regarding the abolition of the need to authenticate foreign public documents.

B. Regulation 3 of those regulations instructs that with regard to a public document, drawn up or issued, in the treaty country – one of the countries listed in the first appendix – and to which the treaty applies, a certificate according to the treaty (a certificate exemplified in the second appendix, under the title APOSTILLE) may come instead of its authentication (as stated in section 30 of the Ordinance the evidence).

c. A certificate according to the convention will be in the body of the document to be verified or in an appendix to the document (see Appendix No. 18).

5.3. Convention States
The list of countries that have signed the Hague Convention appears on the website of the Hague Conference on Private International Law and is updated from time to time. You can view the list of countries at the following link: List of countries

5.general guardian

5.4. Registration or cancellation of comments by the general guardian
In coordination with the general guardian, it was agreed that requests for registration or cancellation of comments by the general guardian, regarding real estate managed by him, will be submitted directly to the registrar the land in question. The application will be submitted in the original + a copy, on the form such as Appendix No. 22.
Such a request, when it is signed by the employees of the general guardian authorized to sign on his behalf the registration of a note or its cancellation – will be a sufficient reference for the purpose of registering or canceling a note. It is not necessary to attach a copy of the court’s order to the request.
After the registration or cancellation of the requested action in the land registry, the registrar will fill out the lower part of the form (in the original and a copy), confirming the execution of the requested action.< /span>
The copy of the form will be returned to the Office of the General Guardian who submitted the request.

5.4.Cancellation of administrative comments of the general guardian

A. Requests to cancel management notes, registered by the general guardian, will be forwarded to the land registrar or his deputy. (With the approval of the land registrar, approval will be given to other senior employees in the bureau).

b. It must be ensured that such requests will be sent to the bureaus, by mail or by hand delivery, by the employee of the general guardian only, as detailed in the order of procedure no. 5.4.1 (12.12.99).

5.4.Notice to the general guardian of abandoned property

A. A public servant who becomes aware of abandoned property, in the course of fulfilling his duties, must notify the general guardian thereof, and provide him with the details he knows about the property, as stated in section 5a of the General Guardian Law, 1978.
“abandoned property” Defined in this law, as property that “no one is found who is authorized and capable of using it as an owner or managing it, or whose owner is unknown”.

B. The general guardian requests, therefore, that the officials of the settlement and the land registrars inform him of any property, which, by the way of handling it, appears to be an abandoned property. For example:

1 . When the settlement official prepares a schedule of claims, and it is found that no memorandum of claim has been submitted for a certain property, and in light of the property’s data and condition, there is reason to assume that the claimant’s failure to appear may be due to the property being an abandoned property

2. When a request was submitted to the land registrar to register an inheritance and in the inheritance order it was noted that some of the heirs were absent.

3. When a request is submitted to locate the registration of real estate – for the purpose of reviewing or receiving a draft – so that the applicant (for example, a broker or private investigator) can find the owner of the real estate.

5.4. Granting of powers
The general guardian or deputy to the general guardian, will be entitled to sign or authorize the employees of the general guardian’s division, to sign requests for the registration of inheritance orders and testament maintenance orders, in which the general guardian has an interest .
Notice of the determination of signature authorizations as mentioned, removal or addition of authorizations, will be delivered by the general custodian to the person in charge of the registry.

5.4.Lasting power of attorney

A. In accordance with the amendment to the Legal Training and Guardianship Law 1962 (hereinafter: the “Legal Training and Guardianship Law”), a continuing power of attorney shall be given in writing and according to the form set forth in the supplement to the Legal Training and Guardianship Regulations (Lasting Power of Attorney, Preliminary Instructions to the Guardian, and Document of Expression of Will), the nine. ; and 2017. It was also determined that a continuing power of attorney will enter into force only after the representative of the general guardian confirms that it has entered into force.

b. With the confirmation of the continuing power of attorney as valid by the representative of the general guardian, it will be possible to register a note in the land registry regarding the existence of the continuing power of attorney. The note regarding the existence of the continuing power of attorney will be registered at the request of the representative of the general guardian, or the power of attorney, or the power of attorney, or another person who proves that he has an interest in the matter.
For the purpose of registering the aforementioned note, the following documents will be submitted:< /span>

1 . A duly signed and verified application form for real estate registration.

2. The power of attorney bearing the approval of the General Custodian, in the original or a true copy of the original certified by a lawyer.
For the avoidance of doubt, it is emphasized that it is not possible to register such a comment before the representative of the General Custodian has confirmed that the continuing power of attorney has entered into force .

third. Such a note can be registered both on the owner of a right to the land and on the beneficiary of a warning note.

d. A note was made regarding the existence of a continuing power of attorney, no transaction or action on real estate will be carried out, except for an action that is not a voluntary action, without the approval of the competent court, and this even if the request is submitted by the consignor or consignor.

e. When a comment regarding a continuing power of attorney is recorded, it will be possible to delete it from the land registry according to an order from the aforementioned competent court, or according to the approval of the general guardian regarding the invalidation of the continuing power of attorney.
For the purpose of deleting the comment as mentioned, the documents will be submitted The following:

1 . A signed and legally verified application form for real estate registration, signed by the representative of the general guardian or the power of attorney or the power of attorney.

2. The court order, or the approval of the general guardian as mentioned, in the original or a true copy of the original certified by a lawyer.

3. In the event that the power of attorney passes away, the note can also be deleted by submitting an application for real estate registration duly verified by the power of attorney to which the death certificate will be attached (the original or a faithful copy of the original), or at the request of another person, to which the legally verified consent of the consignor will be attached , and the aforementioned death certificate.

and. In accordance with Section 32 19(b) of the Legal Training and Guardianship Law, no action can be taken through the continuing power of attorney as long as it does not enter into force, unless it is expressly established in the framework of the continuing power of attorney, in the designated place , because it is valid for property matters from a certain date, which can be earlier than the date of approval of the “AP” on the beginning of its validity. If there is an express authorization in the aforementioned continuous power of attorney, then until it enters into force with the approval of the APC, it can be considered a power of attorney for all purposes and all the rules of the law will apply to it, and from the moment the APC has approved that it enters into force, the power of attorney will become a power of attorney continuing force, and the provisions set forth above shall apply.

5.4.Nomination supports decision-making

d. In accordance with section 67 b (d) of the Legal Training and Guardianship Law, the court may appoint a decision-making supporter (hereinafter: “supporter”).

God. In the event that there is no instruction in the order for the land registrar to enter a note in the land registry, and in addition the supporting order does not include special instructions, no note will be entered in the registry.

and. An order has been submitted for registration that includes an instruction to record a note in the land registry, or in the event that it does not include such an instruction, but it appears from its contents that it includes special instructions that limit the execution of transactions/operations in the land, a “note according to a court order” will be registered. According to section 130 of the Land Law 1969. G. A note has been recorded as stated above, no transaction or action will be recorded without the approval of the court, unless the content of the order clearly indicates that there is no way to prevent the requested action or transaction.

H. The deletion of the note from the land registry will be according to a court order.

ninth. In the event that the owner of the right who was appointed as a supporter in making such decisions dies, the comment can also be deleted by submitting an application for real estate registration duly verified by the person designated as a supporter, to which the death certificate will be attached (in the original or a faithful copy of the original), or at the request of another person, A legally verified consent of the supporter, and the aforementioned death certificate will be attached to it.

5.Religious courts

5.5.The authority of a rabbinical court to approve a transaction in real estate by a minor, when he is represented by his parents as natural guardians
In accordance with the provisions of section 9 of the Law on the Jurisdiction of Rabbinical Courts (Marriage and Divorce), 1953, and Section 51 of the King’s Speech in his Council on the Land of Israel, 1922-1947, the Rabbinical Court has the authority to discuss the matter of guardianship, and this authority includes those activities that a guardian is required or authorized to do by law, including the sale of property belonging to a minor. a>
Section 20 of the Law on Legal Training and Guardianship, 1962 states that the parents are not authorized to represent the minor in an action whose validity depends on registration in a register managed by law, without the court first approving it, and in section 79 of the law it is established, Because where a court is authorized by law to judge, every provision in this law – with the exception of section 75 – shall be considered to be a court, as if it were a religious court. When the parents, as natural guardians, consented to the jurisdiction of the religious court (and their consent is on behalf of the minor), the court must in any case be seen as having authority, since the requested approval concerns the matter, which is in the nature of guardianship according to Article 51 of the King’s Speech.

5. Courts

5.6. Deletion of foreclosures on assets of companies in liquidation, or on assets of bankruptcy

A. The official receiver of the assets sometimes turns to the registry offices with requests to delete liens on the assets of companies in liquidation, in order to enable their sale by him as liquidator of companies.

B. Section 130 of the Land Law, 5799 – 1969, discusses registration according to an order of the court, and in section 132 (b) it is established that a note registered as mentioned shall be deleted according to a court order. However, according to section 163 of the Land Law, the provisions of this law will apply, when there are no special provisions for the matter in question in another law.

third. Since it is stipulated in section 269 of the Companies Ordinance [new version], 1983 and in sections 39-40 of the Bankruptcy Ordinance, that garnishments shall be void against the liquidator of the company or a trustee in bankruptcy, garnishments must be deleted in such cases according to the aforementioned sections of the Companies Ordinance and the Bankruptcy Ordinance , Based on:

1 . An order of a competent court, confirming the sale of the property by the liquidator or the trustee (as the case may be).

2. Proof that when making the transfer, the applicant fulfills the role of liquidator of a company or trustee in bankruptcy. The proof will be given in an affidavit and a photograph of the subscriber’s publication in “Records” or with the approval of the official receiver for this matter.

5.6.Sale of a property by a receiver
If a property is sold, by a receiver, according to the court’s decision, it passes to the buyer free of any lien or encumbrance and other right in the property (apart from a right that is not used surety for a financial charge), unless specifically stated otherwise by court order.

5.membership

5.7. Appointment of an agent by a company
The corporation decided, through the managers authorized to act on its behalf, to carry out the transaction, the subject of the request, and also to appoint an agent who will act in the name and in place of the managers, and will sign on behalf of the company documents The registration – there is no obstacle for the decision and the power of attorney to be in one document. The assignment has been given to the attorney of the senders, the attorney can confirm the signature of the senders, as stated in section 91 of the Bar Association Law. As a general rule, in the case where a corporation’s application for registration is submitted and attached to it, among other things, a protocol in which the corporation authorizes A person who is not a manager or an organization in the company – there is no obligation to demand the power of attorney from the company to that person and only the protocol is sufficient. However, in any case where there are doubts, the land registrar has the discretion to demand the aforementioned power of attorney.< /span>

5.7. Registration of the company number in the land register
The company number must be entered in the land register, next to the company name, as recorded in the registration certificate issued by the registrar of companies.

5.Ottoman Law on Associations

5.8. Conducting a transaction by an Ottoman association after 1.4.81
An Ottoman association may make a transaction or action in real estate, after 1.4.82, even if no approval was given by the registrar of associations, because the association not deleted.

5.Basic Law: Lands of Israel

5.9.Confirmation of sales transactions according to the Israel Land Law, 1960
When a signed deed has been received by the Israel Land Authority, this should be seen as confirmation that the transfer of ownership is consistent with All the provisions stipulated in the Israel Lands Law, and there is no need for additional approval from the Israel Lands Authority for this matter.

5.9.Authorization for the Amidar company to sell apartments built on the land of the State of Israel
A permission is granted for the Amidar company to sell the ownership of apartments registered in the name of the State of Israel, and managed by it, subject to the fact that the transaction is carried out by its authorized representatives by the Attorney General.

5.Finances – protection regulations

5.10. Repeal of the need for a permit from the Foreign Exchange Division
According to Section 14 of the Defense (Finance) Order (General Permit for Transactions in Foreign Currency), 1977 (published in 39; 3775 of October 30, 1977), a permit from the Foreign Exchange Division is not required in the case of the transfer of real estate between a foreign resident and an Israeli resident and vice versa, as well as between foreign residents and themselves.

5.10.Deletion of notes recorded in the registers according to the Defense (Finance) Regulations 1941
According to the notice of the Supervisor of Foreign Exchange, it is possible to delete notes recorded at the time in the land registers, according to the Defense (Finance) Regulations, without the need By receiving a special permit from the supervisor of foreign currency or from the director of the division.

5.Legal kosher and guardianship

5.11. Confirmation of a transaction with a minor party
According to the provisions of section 20 (2) and 47 (3) of the Legal Training and Guardianship Law, 1962, it is not possible to register in the books of the estate a transaction of Transferring a right in real estate, when a minor is a party to it (both as seller and buyer, both as lessee and as lessor, both through his parents and through a guardian), unless the court approves it in advance. Nevertheless, there is and is being raised a claim before the land registrars, that in cases where a minor acquires a right, the approval of the court should not be needed, as stated. The main reasoning for this claim is that the transfer of a right to a minor, or its purchase, only benefits him, and the minor is entitled without the approval of the court. Giving consent to the registration by producing a certificate, as required in sections 20 and 47 of the law in question.The rule is that even in a transaction of acquiring a right in real estate to a minor, there is both a right and an obligation. The minor also assumes an obligation in connection with that real estate.

5.11.Purchasing real estate for a minor – appeal against the commissioner’s decision
According to section 20 (2) of the Legal Training and Guardianship Law, 1962, no parents are authorized to represent a minor in an action whose validity depends on registration in the register which is conducted according to law, without the court’s prior approval.
Hence, any transaction in real estate, to which a minor is a party, will not be registered in the land register unless approval is given from the court.

5.11. Registration of a real estate transaction, when the deed of the transaction specified conversions by a minor
In such a case, it is necessary to demand the creation of the court’s permission to make a transaction by the minor, since there is also an obligation on behalf of a minor to make a transaction in real estate, that he is a party to, it has no legal issue, unless the court has permitted its doing.

5.11. Inheritance registration when one of the heirs is a minor
There is no need to seek approval from the court, as required in sections 20 and 47 of the Legal Qualifications Law
And the guardianship, when brought To register an inheritance registration action according to an inheritance declaration order or according to a will order, when one of the heirs is a minor, and these orders were legally issued by a competent court.

5.11. Registration of a transaction in the land of a minor, illegal or confidential, whose permanent residence is abroad
Section 77 of the Legal Qualifications Law states that “the law of the minor’s place of residence shall apply to the matters of this law , illegal or confidential”. Hence, when a guardian, appointed by the court abroad, wants to sell property in Israel, and in the country of residence of the minor, the invalid or the confidential, there is no need for the approval of a court – it will be possible to carry out the operation, without additional approval of the court.
To prove the law that applies in the country of residence, the application for registration shall be accompanied by an affidavit of a lawyer, who attests to himself, that he is familiar with the law in the country, and according to that law, a guardian may sell property, without the need for court approval .

5.Bar Association

5.12. Signature verification of a power of attorney given to a lawyer and an additional person
A power of attorney, given in Israel to a lawyer and an additional person, who is not a lawyer, if the sender’s signature has been verified by the lawyer, he may To act based on a power of attorney, without notary verification (Section 91 of the Bar Association Law).
On the other hand, if the sender who is not a lawyer appears, and requests to act based on said power of attorney, notary verification must be required.

5.12.Power of attorney given to several lawyers
Power of attorney given in Israel to several lawyers (for each separately), and only one of them verified the sender’s signature, according to section 91 of the Bar Association Law, Any of the lawyers mentioned in the power of attorney may appear and sign on behalf of the sender

5.12.Cancellation of the use of the Bar Association stamp
The National Council of the Bar Association decided, at its meeting of November 24, 1987, to cancel the use of the Bar Association stamp. The revocation came into effect as of January 1, 1988.
From this date onward, a power of attorney given to a lawyer may not be required to be stamped, even if the power of attorney bears an earlier date.

5.Measurements

5.13. Registration of a consolidation and/or division action, when on the eve of its effective date, plots were subject to a comment on an antiquities site

A. Real estate that includes areas, which the director of the Antiquities Authority declared to be an antiquities site, and a note to this effect was recorded in the land registers (see sections 28 (b) and 49 (b) of the Antiquities Law, 1978).

B. Section 126 (b) of the Planning and Construction Law, 1965, stipulates that if on the eve of the effective date of a new subdivision there was a lien on one of the parcels in the subdivision, which cannot be transferred to the parcel, that elsewhere (and the definition of “lien” also includes a note in the land registers) will remain The land is subject to encumbrance even after the division.

third. As part of the parcelling, a surveyor’s affidavit will be submitted to distinguish the encumbrances or a confirmation from the Antiquities Authority instructing where to distinguish the note regarding an antiquities site.

d. If a new plot created, as a result of an action as mentioned above, includes in its scope a note regarding an antiquities site, that then the note in the relevant new plot will be specified when registering the planning action.

5.13.Sending a message to the Israel Mapping Center about final numbers after parcelling

A. It was agreed with the Israel Mapping Center that in order to prevent a discrepancy between the last plot number registered in the land registers and the number registered with the surveyors, surveyors will indicate on the form “Land Description Report” the latest lot number found in the map, together with an updated date for each block participating in the parcelling.

B. The registration notice, specifying the final numbers of the plots as well as the deed number and the date of registration, will be forwarded to the land registry immediately upon completion of the registration of the parcel.

third. The rest of the approved documents, together with the original registration notice, will be sent to the Center for Mapping Israel as has been the practice until now.

5.13. Plans for the registration needs of the Israel Land Authority
According to the notice of the director of the Israel Mapping Center to the land registrars, in force of his authority according to the Measurements (Measurement and Mapping) Regulations 9″2016: Registration plans that were approved by the Israel Mapping Center as eligible for registration, and were submitted to the registration offices before the expiration of three years from the date the approval was given, and have not yet been registered in the land registers – these plans must be considered eligible for registration, and must be registered (as long as they were submitted for registration to the registration offices, before the expiration of three years from the date of signing them ), and this without the need to innovate (MK’ 5/88).

5.Local authorities

5.14.Application for real estate registration according to the provision of Section 154 of the Real Estate Law

A. A request for registration in the name of a local authority for real estate – which was listed with the type “Matrukha”, and there were roads or open areas, with the exception of a beach, which were used mainly by the residents of that local authority – according to the provisions of section 154 (a) of the Land Law, 1969-1969, It must first be forwarded to the person in charge of the registry, for written instructions.

B. Submitters of such requests should be instructed to attach them to the written request

1 . Affidavit of the head of the local authority and other documents to prove that the real estate was indeed used, mainly by the residents of that local authority.

2. A written notice from the Israel Land Authority on its position regarding the execution of the requested registration.

third. Upon receipt of the application, along with the required documents as detailed above, an action file will be opened, and will be forwarded to the person in charge of the registry – for instructions.

d. Registration of an action, as mentioned above, will only be carried out according to a written instruction from the person in charge of the registry, when he proves that the conditions of section 154 (a) of the Land Law, 569 – 1969, have been fulfilled, taking into account the instruction of section 156.

God. Section 154 (b) of the Land Law, 1969-1969 instructs: “Real estate registered in the name of a local authority in accordance with subsection (a) and thereafter changed to a use that did not justify its registration in the name of the local authority, shall be transferred to the ownership of the state”. In order to transfer ownership, the following documents must be produced:

1 . A duly signed and verified application for real estate registration.

2. The affidavit signed by the head of the local authority confirming that the provision of section 154 (b) was met, taking into account the provision of section 156. In addition, a written statement from the Israel Lands Authority must be produced regarding its position regarding the requested action.
Alternatively, it is possible to receive an affidavit signed by the Israel Lands Authority along with a document containing the local authority’s position regarding the requested action.

3. The local authority will attach a certificate of being a solid authority and alternatively the approval of the Minister of the Interior for the transfer of the land.

4. Confirmation of payment/exemption from payment of property tax The registration of the action is subject to the approval of the person in charge of the registry.

5.14.Approval of the signatures of the representatives of the local authorities
It was decided that the representatives of the local authorities should continue to appear before the land registrars, or before lawyers, to verify their signatures.

5.14. Inventing certificates for the payment of debts to the local authorities
In accordance with the amendment of section 324 (a) of the Municipalities Ordinance [new version] and the amendment of section 21 of the Local Councils Ordinance, as of 01/06/2023 there is no more It is necessary to present to the land registry bureaus a certificate attesting to the settlement of debts to the local authority as part of an application for registration / correction of one’s mortgage.

5.14.A strong local authority – approval of the Minister of the Interior – tax amendment 135 of the Municipal Ordinance, the nine”4- 2014

A. According to amendment no. 135 of the Municipalities Ordinance, S”H 2433 The Nine”4 p. 296, a municipality, which, upon meeting the conditions specified in section 232 a of the Municipal Ordinance, was declared by the Minister of the Interior to be a “strong municipality” You will not need the approval of the Minister of the Interior to make a transaction in real estate as stated in section 188 (a) and (b) of the Municipal Ordinance.

B. A notice of the above-mentioned announcement will be published on the website of the Ministry of the Interior and that of the firm municipality.

third. The validity of the declaration will apply at the end of thirty days from the date of the declaration, unless the minister has set a different date.

d. A notice of the approval of the municipal council for a real estate transaction in the municipality of Athana will be published on the municipality’s website within 15 days from the date of approval.

God. If the declaration of a municipality as a permanent municipality has been revoked, the provisions of the Municipalities Ordinance that apply to a municipality that is not a permanent municipality shall apply to it from the date the cancellation enters into force.

and. The cancellation of the announcement will take effect at the end of seven days from the date of delivery of the announcement and its publication on the website of the Ministry of the Interior and the website of the municipality.

G. In the matter of local councils that were declared as strong local councils according to point D’ To Chapter 11 of the Municipal Ordinance, the same arrangement will apply as per the Municipal Ordinance (as stated in Amendment 67 to the Local Councils Ordinance), with the required changes.

H. The authorities that have been declared stable so far are: Even Yehuda, Ashdod, Ashkelon, Beer Tobiah, Beer Sheva, Gan Reva, Darom Hasharon, Herzliya, Holon, Haifa, Kfar Saba, Kfar Shmariahu, Nes Ziona, Nesher, Omer, Petah Tikva, Rosh Ha’Ein , Rosh Pina, Rishon Lezion, Ramat Gan, Ramat Hanegev, Ra’anana, Tel Aviv-Yafo, Tamar.
Therefore, wherever a local authority applies, which claims to have been declared strong according to the ordinance of the municipalities , to carry out a transaction in real estate that requires, usually, the presentation of the approval of the Minister of the Interior according to Section 188 of the Municipal Ordinance, she must be asked to produce an up-to-date letter signed by the legal advisor of that authority, confirming that the authority has been declared by the Minister of the Interior to be valid according to the provisions of the above law , and that the declaration is valid on the day the transaction is executed and is still valid on the day the confirmation is signed. The validity of such a certificate will be at most 90 days from the date of its issuance.
If such a certificate is issued, the approval of the Minister of the Interior will not be necessary as a condition for registering the transaction.
It should be emphasized that the declaration of A local authority as a firm is not exempt from presenting the other certificates detailed in the tax procedure instruction. 1.1.1 c’ .

5.14.Registering the transfer of rights or comments from local authorities and the Union of Cities to the State of Israel – National Fire and Rescue Authority Law, 1922 – 2012

A. An application for the registration of the state’s rights in accordance with the aforementioned law shall be submitted by the property commissioner at the Ministry of Finance in accordance with the form “Application for the registration of rights in fire station land”.

B. A note regarding the fire department property is intended to inform the spring, and does not prevent registrations being made on that property.

5.14.Allotment of roads and public areas – creation of certificates for the mandatory payments
When the transaction is the allocation of roads or public areas to a local authority, without consideration, or when the transaction is the transfer of part of a lot to a local authority, without Compensation – they will not be required to produce certificates from the real estate taxation manager and the local authority.

5.14. Exemption from producing tax certificates

A. Transactions carried out between the entities – the State of Israel, the National Fund for Israel, the Development Authority, a local authority, the trustee and the guardian for the assets of absentees will be exempt / required to produce the above certificates, according to the following table.

B. Next to the exemption that appears in the table, a number is indicated in brackets. In order to verify the reference for the exemption, please refer to the list that appears after the table.

third. In transfers made between the state or KKK and the development authority, and vice versa. While carrying out planning operations, there is no need to issue certificates for the various types of tax payments.

Note – The custodian of absentee property (A.N.N.) is not allowed to transfer the property assigned to him, but only to the development authority.
Absentee Property Law, 1950 – “If the vested property is of the real estate type, the guardian may not – (1) sell the property or otherwise transfer the right of ownership to it; However, if a development authority is established according to a law of the Knesset, the guardian may be allowed to sell the property to that development authority, at a price not less than the official value of the property.

1 . The Interpretation Ordinance (new version) Section 42 – “No enactment comes to detract from any right of the state, or impose an obligation on it, unless it is expressly stated in it”.

2. Summary with the Real Estate Appreciation Tax Administrator, who does not consider this action a “transaction within the meaning of the Real Estate Taxation (Appreciation and Purchase) Law”, 1963-3-1963.

3. Following the conclusion with the Real Estate Appreciation Tax Administrator, approvals should not be required, because this operation is not a “transaction”.

4. Real Estate Taxation (Praise and Purchase) Law, 1963, Section Tax 60 – “The sale of a right in real estate without consideration to the state, a local authority, the National Insurance Fund for Israel or the United Fund for Israel – shall be exempt from tax”.

5. Real Estate Taxation (Praise and Purchase) Law, 1963, Section Tax 72 – “The sale of a right in real estate by a local authority, the Development Authority, the National Fund for Israel, the National Fund for Israel Ltd.”, as long as it is under the control of the National Fund for Israel, will be exempt from tax.

6. Absentee Property Law, 1950, Section 4 (a) – “Considering the provisions of this law –

(a) Any absentee property is hereby appointed a guardian from the date of his appointment, or from the date the absentee property was, whichever is the later date.

(b) Any right that the absentee had in the property automatically passes to the guardian at the time of the purchase of the property, and the hand of the guardian as the owner of the property.

7. Annex to the treaty between the government and the Zionist leadership

(a) In this appendix “the management”, including the National Fund for Israel and the Hayesod Fund – the United Israel Fund.

(b) The management shall be exempt from taxes and the other mandatory governmental payments specified below in the restrictions and conditions, as follows. (b) Fees according to the Real Estate Transfer Regulations (fees), 1965-7, and according to the Condominium Regulations, 1953-3. (c) Real estate appreciation tax according to the Real Estate Appreciation Tax Law, 1949.

(c) (a) The exemptions given to the management according to Sections 2 (b) 2 (c), will also be given to the Himanota Company Ltd.

8. Amendment to the Real Estate Taxation Regulations (Praise and Purchase), (Purchase Tax), 1974 Purchase, published in the 1974 Taxation Act, p. 1570, dated September 1, 1982 “in regulations 3 to 14, 17, 18, 19 a, 24, 26 and 28, instead of an exemption or exemption from purchase tax, a purchase tax charge of 0.5% will be added”.
In conclusion with the Appreciation Tax Administrator, reference must be made in the above amendment to the tax regulation 9, which refers to the development authority.

9. Summary of matters with the tax administrator.

10. In accordance with the summary of the hearing of the deputy attorney general (civil law) dated January 31, 2021.

5. Israel Lands Authority

5.15. Approval for the transfer of ownership of an area of ​​400 thousand dunams in the lands of the Development Authority and the State of Israel
in accordance with the tax amendment 7 of the Israel Land Law, 1960, the transfer of ownership of the Development Authority and the State of Israel land in an area of ​​400 thousand dunams is approved – in the period from the 12th of Elul, 1969 (September 1, 2009) to the 5th Balol, the nine”4 (August 3, 2014) (hereinafter – “the first period”), and an additional 400 thousand for five years, from the end of the first period.

5.15.Sending a notification to the Israel Land Authority about the registration of a parcel according to section 125 of the Planning and Construction Law
With the registration of plans approved by the chairman of a district committee – regarding a new division of real estate registered in the name of the state, Authority The development and the National Fund for Israel – the registrar will notify the Israel Land Authority in writing of the registration, as stated.
Such notification will only be sent if the registration of the division is done without the authority’s knowledge and without his signature on a registration application form.

5.15.Parcelation reporting – Israel Lands Authority
Land reports and the order of actions in the parcelling, will be sent, as usual, to the person handling the case on behalf of the authority. The surveyor’s report, which includes final numbers, will be sent to the head of the senior-ownership department at the Israel Land Authority in Tel Aviv, except for those registered by the Center for Registration of Agricultural Plots (F.R. 5.12.00).

5. Property tax and compensation fund

5.16. Certificates of property tax payments according to section 54 of the Property Tax and Compensation Fund Law
This section regulates the subject of the requirement to present property tax certificates when carrying out sales or lease or mortgage transactions (hereinafter ” “transaction”), in accordance with section 54 of the Property Tax and Compensation Fund Law, 1961.

1 . When making a transaction in an apartment in a house registered as a condominium, there is no need to present a property tax certificate.

2. When making a transaction on a lot, which the seller registered or mortgaged his right after 1.1.2000, there is no need to present a property tax certificate.

3. When carrying out a lease transaction on a lot, which the wording of the registration indicates that it reflects a right in the apartment, and the aforementioned lease was registered before January 1, 2000, there is no need for property tax approval (this, even if section 2 above does not apply).

4. In addition, there is no need to produce a property tax certificate when carrying out a transaction on a plot of land owned by the State of Israel, the Development Authority or KKK, provided that the lease contract between Rami and the buyer/lessee was signed after January 1, 2000.

5. There is no need to produce property tax certificates as a condition for registering a sharing agreement. However, the registration of a sharing agreement in itself does not constitute proof of subsequent transactions upon the creation of a certificate of the absence of property tax obligations.

6. In any other case, a property tax certificate must be presented.

7. In cases where property tax approval is required, make sure that the approval includes the details as follows:

A. Block/plot details in the approval correspond to the transaction details (for the avoidance of doubt, it should be emphasized that the approval must be obtained for the entire lot even if a sub-plot is specified in it).

B. The confirmation includes the names of all the sellers/lessors/mortgagors or the names of all the buyers who are the object of the transaction submitted for registration. For this matter, specifying the name of one of the spouses’ names will be considered as specifying the names of both spouses. Also, specifying one name with the addition of the word “and others”, will be considered as specifying all the names of the sellers/lessors/mortgagors or buyers accordingly.

third. Subject to the adjustments as mentioned above, the approval will be accepted even if there is no adjustment to the area or the parts listed in the approval.

8. The property tax certificate can be in a separate document, and it can be on top of the appreciation tax certificate.

5.16. Property tax approvals – debt freeze according to a temporary order
Cancelled.

5.16. Property tax approvals in buildings according to section 54 of the Property Tax Law
R’ Section 5.16.1 above.

5.16.Appraisal tax and property tax certificates – debt balance
R’ Section 5.16.1 above.

5.16. Validity of appreciation tax and property tax certificates submitted by heirs
r’ Section 2.2.24.2 .

5.16.Consolidation of approvals for the payment of appreciation tax and property tax
When a manual certificate is presented to the land registrar proving that the seller has paid the property tax and the certificate is valid until the end of the fiscal year, the fact must be ignored Because in the approval form for appreciation tax and purchase tax it was stated that there is a property tax debt.

5.16. Manual approval for registering an action in the land registers
In exceptional cases, where it is not possible to issue computerized approvals, it will be possible to obtain a manual approval for registering an action in the land registers according to section 54 of the Property Tax and Compensation Fund Law. A- 1961 as well as manual approvals according to Section 16 of the Real Estate Taxation Law (Praise and Purchase), dated 1963.
The validity of approvals, as mentioned above, is conditioned on filling in all the details therein, without corrections, when they are signed by the authorized person and stamped on them.

5.16. Property tax approval for registration in real estate registers – deadline extension for property tax approvals issued until 12/31/99

A. tax correction 27 of the Property Tax Law, set the property tax rate as of tax year 2000 to “zero”. The practical meaning is that starting from the year 2000 there is no property tax liability.

B. In light of the above, the owner of the land who has a confirmation of the payment of property tax until 12/31/99, can be considered as having paid his property tax debt (2/2000).

5.Land Appreciation Tax

5.17.Checking the amount stated in the bill for the amount stated in the appreciation tax approval
cancelled.

5.17Consolidation of approvals for the payment of appreciation tax and property tax
When a manual certificate is presented to the land registrar proving that the seller has paid the property tax and the certificate is valid until the end of the fiscal year, the fact must be ignored Because in the approval form for appreciation tax and purchase tax it was stated that there is a property tax debt.

5.17Certificates of appreciation tax and purchase tax – computer forms
Certificates of appreciation tax and/or purchase tax will be issued on the computer forms. One form – is intended for confirmation of the payment of appreciation tax, and the other – for confirmation of the payment of the purchase tax. Real Estate Taxation Office. (Mc’ 8/86).

5.17. Confirmation of Advance Payment for Appreciation Tax
The revised confirmation issued by real estate taxation for the purpose of registering a transaction in the land registers bears the note “from” advance payment”. Despite this wording, if this confirmation bears a bank seal + signature next to the said wording (on the bottom left side), it must be respected as a confirmation for the payment of appreciation tax for the transaction, for all intents and purposes. It will be clarified that a stamp inside the table of the transferred parts, which confirms only the truth of the handwritten correction inside it, should not be sufficient.
Real estate tax officials were instructed a second time, due to our request to make sure to affix a stamp and signature.

5.17.Consolidation of plots of different ownership
It is possible to perform a consolidation operation of plots of different ownership. A deed of consolidation must be attached to the operation. This action should be seen as a real estate transaction, which requires as a prerequisite for registration the production of certificates for the mandatory payments (appreciation tax, property tax, etc.).

5.17.Sales tax – amendment to the real estate appreciation tax law – tax amendment 45

A. The amendment in question imposes a sales tax on the sale of rights in real estate, as of January 1, 2000.

B. Therefore, the registration of a transaction made, as of January 1, 2000, requires the production of an additional sales tax certificate. There is no change regarding the requirement to produce the other certificates.

third. The date of the transaction is indicated in the sales tax / purchase tax approval (7/99).

d. tax correction 61 of the Real Estate Taxation Law, approved on February 11, 2008 by the Knesset, states that sales tax will be abolished, as of August 1, 2007 (Book of Laws 2134, p. 202).
We were requested by the Income Tax Commission and real estate taxation, to instruct the directors of the bureaus not to require the creation of a sales tax certificate in cases where the real estate was sold on August 1, 2007 or later.

5.17. Sales tax approval for real estate transfers – specifying the transferred part

A. In all approvals given for the transfer of residential apartments that are exempt from sales tax, according to the fifth chapter of the law, the exemption from sales tax is printed, therefore in these cases, there is no need to obtain an additional approval regarding sales tax.

B. In any other case, a separate permit must be obtained, also for sales tax.

third. Every approval must specify the parts transferred, and no approval can be obtained without specifying the parts (8/2000).

5.17.Registration of an advance note according to Section 16 (g)(1) of the Real Estate Taxation Law

A. In accordance with the amendment of section 16 of the Real Estate Taxation Law (Praise and Purchase), 1963, which was amended on 12.29.2017, an application for a sale or lease transaction for which all tax payments have not been paid, will be accepted subject to the registration of a note in the registry regarding a tax debt that does not limit the delinquency of the property (hereinafter: “advance note”).

B. When an application is submitted for a sale or lease transaction, the applicant must attach an “advance purchase tax” certificate. Issued by the Tax Authority, the note will be recorded on the buyer(s) as detailed in the approval.

third. Deletion of an advance notice will be carried out at the request of the Tax Authority in the online interface between the Authority and the Authority for Registration and Settlement of Real Estate Rights.

5. trading with the enemy

5.18.Transfer of rights in real estate assigned to the guardian of the enemy’s property – court approval
The guardian of the enemy’s property is facing the sale of real estate assigned to him in the purchase orders.
Transfer of rights In real estate as mentioned above, it can be done according to a request and a deed of transaction, signed by the guardian of the enemy’s property or a person acting on his behalf according to valid authorization. Such transfers do not require court authorization.

5.18. The procedure for transferring rights in real estate assigned to the custodian of the enemy’s property
In view of the provision of section 21 of the General Custodian Law, 1978, states that “properties prior to the commencement of this law were assigned to the Commissioner of The property of the enemy according to the Trading with the Enemy Ordinance, 1939, shall be considered from the beginning of this law as exempt from the provisions of that order and as if a management order had been issued for them”. The General, the 1988 – 1978.

5.taxes (collection)

5.19.Registration of Liens – The Tax Authority
Starting on June 1, 2009, according to an agreement with the Tax Authority, no liens will be imposed on rights in real estate according to the Taxes (Collection) Ordinance for amounts smaller than 20,000 NIS. Therefore, such liens must be returned to the tax authority, when the amount of the debt stated in them is less than NIS 20,000.

5.19. Encumbrance in favor of a water corporation
Section 39 (b) of the Law on Water and Sewer Corporations, 2001, states that a corporation for the provision of water and sewer services is authorized to impose a lien on real property, as long as 50% of the means of control in the corporation is held by a local authority.
The existence of the aforementioned control conditions must be checked in each case on the website of the water authority .
The provision of Section 12 of the Taxes Ordinance (Collection), does not apply in this case and therefore such encumbrance does not prevent a transaction. Therefore, it is possible to transfer real estate in which a lien imposed at the request of a water corporation is registered, without requiring its consent, provided that the recipient of the rights will receive the rights subject to a note and in the deed of transfer it will be stated that subject to the note regarding the lien.

5. pledge

5.20.Registration of her mortgage regarding an expired lease
Registration of her mortgage regarding an expired lease is not to be approved.

5. loyalty

5.21.Trust – general
The Trust Law, 1979, S”H 128, was published on August 3, 1979, and its beginning six months after its publication, that is, on February 3, 1981.
The trust law repeals the following laws:

The Ordinance on Endowments for Charitable Needs

Charity Affairs (Public Trustee) Ordinance

5.21.Creating a trust
The provision of Section 2 of the Trust Law states that a trust can be created in one of three forms:

A. By law

B. According to a contract with a trustee

third. According to the scripture

5.21.Registration of a note on the existence of a trust

A. The king’s way of registering the trust is the one indicated in the provision of Section 4 of the Trust Law, 1979, which states that – “if the trust assets include an asset whose actions require registration in a register maintained according to law, the trustee may notify the trustee of the trust of the existence of the trust, and the trustee will make an appropriate note in it”.

B. A note on the existence of a trust can only be registered when the trust contract, or the document attached by the trustee (as mentioned in section (2) above), includes an obligation of the trustee to carry out operations on the trust assets whose validity depends on registration in the land registry.

third. A note on the existence of a trust will be recorded in the register only based on a notification by a trustee, and not by the creator of the trust or the beneficiary (if he is not the trustee).

d. The wording of the note that will be recorded in the register will be as follows: “There is a trust; Tax bill_______________ dated __________________”.

God. When a request is submitted to register a note on the existence of a trust, the documents must be requested in accordance with the three forms of the trust, as follows:

1. According to the law-
in any case where a request is made to register a note on the existence of a trust according to the law, the request must be forwarded to the director of the authority – to receive appropriate instructions.

2. According to the contract-
the trustee must be asked to attach the trust contract to the application;
if the trustee does not have the trust contract, he must include the following details in the application:The signature on a request to register a note as above, will be verified in the same way as a signature on a transaction deed is verified. If a note is recorded about the existence of a trust, no transaction or action that contradicts the content of the note will be recorded except with the consent of the beneficiary or according to an order of the court.Such a note will be deleted: according to an order of the court, or with the beneficiary’s consent; Or if it has been proven to the registrar that the reason for the comment is invalid, provided that the registrar notifies the beneficiary in advance of his intention to delete the comment and gives him a reasonable time to go to court.

3. According to the endowment-

and. A note on the existence of a trust according to the endowment will only be registered upon request submitted by the trustee (as stated in Section 4 of the Trust Law). One of the following documents must be attached to the request, the signature of which will be verified in the way that a transaction deed is verified:

A written document signed by the creator of the endowment before a notary public

Will of the creator of the endowment

G. When a note is recorded about the existence of a trust according to the deed of endowment, no action or transaction that contradicts the content of the note shall be made except by order of the court, or with the consent of the creator of the endowment, if the endowment deed has reserved the right to change its terms.

H. A note on the existence of a trust according to the deed of dedication will be deleted: according to the order of the court; Or at the request of the creator of the endowment, if in the endowment document he reserved the right to cancel it, and gave his consent to this in writing and his signature on the consent document was legally verified.

ninth. It was clarified that there is no obstacle to recording a note on the existence of a trust in respect of a right anchored in a warning note.

5.21.Religious endowment
The provision of section 41 (a) of the trust law states, to say – “Regarding a religious endowment established before a religious court according to the religious law, the religious court may order that the provisions of this law In the matter of the creation of the endowment and in the matter of its internal management, they will not apply to him.

A. In the event that the religious endowment was created before February 3, 1980 (the beginning of validity of the Trust Law, 1979), the endowment will be registered as the owner of the right to the land (noting the word “endowment”), and the endowment trustees will be registered in a note (noting the fact that they are the endowment trustees).

B. In the event that the religious endowment was created after February 3, 1980, the trustees of the endowment will be registered as having the right in equal parts, and a note regarding the endowment will be recorded on their rights, unless the application was accompanied by a decision of the relevant religious court stating that the law of trust does not apply to the said endowment. (In this case the endowment will be registered as the owner of the right in the land and the trustees of the endowment will be registered in the transfer as specified in section A above)

third. The documents required to register the endowment as mentioned above:

1. Application duly signed and verified by the trustees of the endowment.

2. An original decree of the religious court that creates the endowment and determines who are the trustees of the endowment.

3. The endowment deed is original or certified as a true copy of the original by the court.

4. Real estate taxation reference to the request.

d. When carrying out a transaction/action in the endowment assets, the signature of the endowment trustees on the deed/application must be required, together with the approval of the religious court relevant to the requested transaction/action, and this in addition to all the documents required in accordance with the law and the procedures for carrying out the transaction/action.

God. Both for the registration of the endowment and for carrying out an operation on the endowment’s assets, when it is a Christian religious endowment, the position of advisor for matters of Christian denominations in the Ministry of Justice must be obtained.

5.21.Endowment registration and trust note without the need to register the ownership in the trustee’s name

A. In a bad judgment” A 46/94 Abramov v’ The Commissioner of the Land Registry, F”4(2) 202 (1996), the position of the Commissioner of the Registry was accepted that according to the existing law, there is no public endowment as a legal entity, and therefore it cannot be registered as the owner of the rights in the real property.
The main judgments were given by the President Barak and the judge found.
Hence, a real property should not be registered in the name of the endowment, not even according to a will. (See also Case A 2364/04 Haran against the endowment of the late Yitzchak Gavrialovitz Foundation. Judgment of the Supreme Court dated 5.5.10).

b. In the ruling, President Barak raises another issue related to our issues – is it necessary to transfer ownership to the trustee as a condition for registering a note regarding the trust.
There is a disagreement among scholars on this matter. in district judgments [the (TA Districts) 12844/86 El-Al Israel Airlines Ltd. N’ Blas, F”m 500″9 (1) 45; A”A 192/90 Fischer et al. N’ The Commissioner of the Registry (unpublished)] (The ruling can be found in Aryeh Eisenstein’s book, Foundations and Laws of Real Estate Law, Volume I, p. 357) The opinion was adopted that there is no law The trust requires the transfer of ownership to the trustee.
In the Abramov case, mentioned above, it was said by President Barak regarding the issue, that it was left For reference purposes. The rest of the judges agree with him, except for the judge who found that a trust is a relationship of affinity, not ownership.
Agreed: In light of this, the current guideline is that there is no need to require, as a condition for registering a note regarding a trust, that real estate be registered in the name of the trustee (if they are not registered in his name).
For the avoidance of doubt, a trust in this matter – including the endowment.
Regarding the documents necessary for registering a note regarding a trust, procedure instruction 5.21 shall apply. 3 e. in the mandatory changes.

third. There are trust cases in which it is appropriate to register a warning note, and section 42 of the 1979 Trust Law allows this.

5.21. Replacement of trustee

A. In any case of a change of trustee, or the appointment of an additional trustee, the new/additional trustee must be registered as the owner of the land, in the event that the previous trustee is registered as the owner and see this action as a normal transaction, apparently, whose registration requires the production of certificates for the payment of the tax according to the Real Estate Taxation Law (appreciation and purchase) or for an exemption from it.
Approval of the property tax administrator for tax-exempt real estate, this operation should not be considered a transaction and therefore approvals of the property tax administrator and the head of the local authority should not be required.

B. In the event that the real estate is not registered in the name of the trustee and a note is recorded according to Section 4 of the Trust Law, the note will be amended so that the new trustee is registered.

third. Real estate is registered in the name of a trustee and includes a note about the existence of a trust, no inheritance will be registered for them, unless the trust contract specifically states that upon the trustee’s death, his successors will be trustees in his place.

5.21.  public endowment

A. Registration/deletion of a public endowment note
Notice of the registrar of endowments on the registration or deletion of a note regarding a public endowment, in accordance with regulation 30 of the Land Regulations (Management and registration) nine”b – 2011, will be submitted by the endowment registrar unit to the land registry office.

b. Registration of public endowment assets in the land registers
For the purpose of registering public endowment trustees as owners of the endowment property, the following documents must be produced:

1. Application duly signed and verified by the trustees of the endowment. To the extent that there are several trustees, all the trustees will be registered as the owners of the rights in the property in equal parts, unless the endowment registrar’s unit announced otherwise, and a note will be entered about their rights: “as the endowment trustees”.

2. Approval of the registrar of endowments regarding the establishment of the endowment, the names of the trustees and his approval to perform the requested action, specifying the details of the land (block/plot/subplot or book/page – as the case may be).

3. “trustee identity confirmation” From the endowments registrar unit.

4. Real estate taxation reference to the request – as long as it is determined that it is not a real estate transaction, there is no need to attach tax certificates.

c. Update/replacement of trustees
In order to update/replace trustees in a public endowment, the following documents must be produced:

1. Application signed by the new endowment trustees.

2. “trustee identity confirmation” From the endowments registrar unit.

3. Real estate taxation reference to the request – as long as it is determined that it is not a real estate transaction, there is no need to attach tax certificates.

D. Registration of a transaction/action on public endowment land
For the purpose of registering a transaction/action on public endowment land, the following documents must be produced:

1. Approval of the registrar of endowments for the requested transaction/action.

2. The signature of the trustees of the endowment on the deed/application and this in accordance with the notice of the registrar of endowments regarding the identity of the trustees of the endowment whose signature is required.

3. All the documents required to carry out the transaction/action in accordance with the law and the Authority’s procedures.This procedural provision does not affect the provisions of Procedure 1.1.26 regarding the manner of submission of orders/decisions/judgments.

5.Notaries

5.22. Amendment to the Notary Law – power of attorney to perform a real estate transaction

A. The above amendment was published in the book of Laws of Israel, no. 887 on 10.3.78.

B. In light of the amendment, the wording of section 20 will be as follows:

1 A general power of attorney and a power of attorney to carry out real estate transactions that require registration in the land registry will not be valid unless they were drawn up by a notary public or verified the signatures on them, as stated in this law and the regulations based on it; This provision does not detract from Article 91 of the Chamber Law.

2. This section does not apply to a power of attorney given abroad according to the laws of the place where it was given. (started: from 11.6.77).

c. Add a new section 50 a. which authorizes diplomatic representatives and consular representatives of Israel to use notary powers abroad.
The following is the text of the section:
“(a) Diplomatic representatives and consular representatives of Israel as defined in section 29 of the Ordinance The evidence [new version], 1971, is authorized to be used abroad with the powers of a notary, and an action taken by such a representative by virtue of these powers is considered a notary’s action. Such a representative shall not use the powers of a notary, except after participating in a short training course, in a format determined by the Director General of the Ministry of Foreign Affairs, or whoever he has authorized, in consultation with the Licensing Committee. a) The Minister of Justice may, with the consent of the Minister of Foreign Affairs, determine in regulations the rate of salary that a diplomatic or consular representative will receive for his services according to this law, in a change from the salary determined according to section 46 (1); Said salary will be paid to the state treasury and may be different in the various countries where it will be collected and will be determined in the currency of the country where it will be collected.

d. As of June 26, 2019, notaries are required to draw up the notarial approvals exclusively on the new version of the forms. According to this, notary verifications will only be accepted according to the version of the forms appearing on the website of the Department of Notary Licensing.

5.22. Notarial verification of a signature on a power of attorney to execute a real estate transaction
Section 20 of the Notaries Law, Israel, 1976 states that a general power of attorney and a power of attorney to execute transactions in real estate that require registration in the Land Registry, It will not be valid unless a notary has verified the signatures on it as stated in this law and the regulations based on it. The provision of the law does not detract from section 91 of the Law on the Bar Association.
Hence – when checking the validity of a power of attorney verified by a notary, in order to prove whether the sender is indeed qualified to sign the transaction deed on behalf of the sender, one must also check If the verification of the sender’s signature by the notary is done in accordance with the instructions established for this purpose in the notary regulations, it will be “7-1977” (such as regulations 9, 10, 17, 18, 21). The notary’s metal on the side of verifying the signature is a fundamental flaw in the notarial action (since this requirement is intended to prevent forgery or misuse), and in any case the power of attorney will not be valid because the signature on it was not verified, as stated in the Notary Law and the regulations based on it.

5.22.A power of attorney signed by a company and verified by a notary
If a power of attorney is signed by a company, and confirmed by a notary, that the person who signed the power of attorney may sign on behalf of the company – there is no need Attach a protocol to the request, and a lawyer’s approval.

5.NAbsentee seats

5.23.Registration of absentee assets, which are assigned to the guardian of absentee assets

A. Section 1 of the Inheritance Law, 1965 states that “upon a person’s death, his estate passes to his heirs”.

B. There is an ownership right, or another right in real estate – registered in the name of a deceased person – passed to his heirs, one of whom is absent and the others are not absent.

third. In such cases, if the custodian of absentee property confirmed in writing that part of the ownership right in a certain property is absentee property, the property will be considered absentee property as long as the contrary has not been proven (as stated in section 30 (b) of the Absentee Property Law, 1950).

d. Section 4 (a)(1) of the Absentee Assets Law, states that “every absentee property is hereby vested in a guardian from the date of publication of his appointment, or from the date the absentee property was, whichever is the later date”.

God. Therefore, when the custodian of absentee assets produces a written confirmation, according to section 30 (b) of the Absentee Assets Law, that the shares of an absentee heir, in a certain property in the estate of a person who is not absentee, is absentee property, because then these parts must be registered as assigned to the guardian according to such approval.

5. Associations

5.24.Continuation of Ottoman Law
The Ottoman Law on Associations (1909), will continue to apply:

A. On existing associations, as long as they are not registered as an association.

B. on existing associations, as long as they have not been deleted by the registrar of associations.

third. On associations that are existing political parties, or that were founded before for two years from the date of commencement of the law.

d. On associations that are organizations of existing employees or employers, or that were founded before for three years from the date of commencement of the law.

God. on associations that the Minister of the Interior will determine in regulations; In this case, the same legal provisions that the Minister of the Interior determines will apply to that association will apply.

5.24.Continuation of the activity of existing Ottoman associations

A. Existing Ottoman associations will continue to operate according to the Ottoman Law of Associations.

B. An Ottoman association may, within one year from the date of commencement of the law, submit an application to register as an association.

third. The registrar of associations may extend the date of the year, based on a request submitted by the association to him within that year.

d. An association that did not apply to be registered as an association within the period of one year (or after one year if the deadline was extended), the Registrar of Associations may delete it.

5.24. Establishment of an association

A. A high school association with a registration in the register of associations.

B. An Ottoman association that the association will have from the day specified in the registration certificate of the association register.

third. When an association is registered – the registrar of associations will publish a notice of this in the records and give the association a certificate of registration.

d. From the date of registration specified in the registration certificate, the association will be a kosher corporation for all rights, obligations, and legal action.

God. The registration certificate issued by the registrar of associations will be conclusive evidence that the association was legally founded.

5.24. Dissolution of an association – general
An association can be dissolved in one of two ways:

Voluntary liquidation.

Dissolution by court order.

5.24.Voluntary liquidation and appointment of liquidator

A. An association may, in a general meeting, by a majority of 2/3 of those voting in the meeting, decide on voluntary liquidation and the appointment of a liquidator.

B. The start of the liquidation – two weeks after the decision is made, unless a later date is set in it.

third. The roles of the joint:

1. Collect the association’s assets and collect the debts owed to it.

2. Realize the association’s assets, if necessary to pay off its debts.

3. Pay off the association’s debts.

4. To manage the balance of the assets in accordance with what is stated in the statutes of the association, or in accordance with the instructions of the court.

5.24.Dissolution by a court and appointment of a liquidator
A court may order the dissolution of an association, and the appointment of a liquidator, the beginning of the liquidation – on the day the order is issued, unless another day is specified.
On the dissolution of an association by a court and the appointment of a liquidator, the provisions related to the dissolution of a company and the appointment of a liquidator according to the Companies Law will apply.

5.24. Association representation

A. Each association will have a committee whose job it is to manage the affairs of the association and to act for the benefit of the association within the framework of its goals and in accordance with the regulations and the decisions of the general assembly.

B. A non-profit organization must submit to the registrar of non-profit organizations a notice of the appointment of a member of the committee and a copy of the decision regarding those who are authorized to sign on behalf of the non-profit organization.

third. The committee may authorize two or more of its members and sign on behalf of the association documents that will bind it, and perform actions on its behalf that are within its scope of authority.

5. antiquities

5.25. Recording notes about an antiquities site in the land registers

A. Upon receipt of a publication satchel that includes lists of properties defined as ancient sites, appropriate notes will be entered in the land registers.

b. A letter will be sent to the head of the archives branch at the Antiquities Authority, confirming that comments have been made regarding an antiquities site regarding each of the plots listed in publication collection number ______________ dated _______________.
In this letter, all plots where no comments about an antiquities site have been noted will be noted, as well as the reason for not registering the comment.

third. It will not be necessary to issue registration forms after the registration of the notes.

5.Land (purchase for public needs)

5.26. The sections of the ordinance that concern us

1. Powers of the Minister of Finance [Amendment: 588] If the Minister of Finance, after consulting with the advisory committee, is of the opinion that this is required or necessary for any public need, he may –

(a) to acquire the ownership of any land;

(b) acquire the possession or the use of any land for a certain period;

(c) acquire any right to use any land or any other right in or on it;

(d) To impose any right of use on any land or any other restriction on the use of any right related to the ownership of that land, by paying the same compensations or the same consideration as agreed upon or as decided according to the provisions of this ordinance.

2. Notices [Amendment: 1946, 598]

(1) Where the Minister of Finance intends to purchase any land for any public purpose, he shall cause a notice of his intention to be published in the records, and this notice shall be in form A’ or in the form in listed in the appendix, all according to the proper form. He will also cause forms of that notice to be displayed in convenient places on the land, or near the land, which is about to be purchased, and in addition to that he will cause a copy of that notice to be given to every person whose name is recorded in the books of the estate as the owner of the land, or as a person who has an interest enjoyment of it, and this delivery will be made either by handing it directly to the person to whom it is to be delivered, or by leaving a copy of that notice at his last known place of residence, or by sending it by mail in a registered letter, on which the writing of that person was written according to his last known postal address, if there is one.

(2) Publication in the records of a notice according to subsection (1) is considered conclusive evidence that the Minister of Finance has approved the purpose of the purchase.

(3) After a notice is published according to subsection (1), the director of the land registration and settlement division will cause – whenever this is practical – that a warning be recorded in the estate books regarding the publication of that notice; The same warning will be canceled after a notice is published – according to subsection (1) of section 14 – of a withdrawal from a purchase in respect of any land to which the warning relates, or after the government is registered – according to subsection (2) of section 19 – as the owner of any land to which the warning relates.

3. Power to buy a hold

(1) The Minister of Finance may order – in a notice to be published in the records after the publication of the notice according to section 5, or if the land is urgently needed to fulfill the purpose of the purchase, for reasons to be recorded, or it is land to which section 5a does not apply – even together with the notice according to section 5 – to any A person who has possession of the land that they are about to purchase, must surrender the possession of the land on or before the end of the period specified in the notice, and that period shall not be less than two months from the date of publication of that notice in the records, unless the land is urgently needed to fulfill the purpose of the purchase, and a statement in such notice that the land Urgently needed to realize the purpose of the purchase, there will be conclusive evidence of that fact; Notice as stated in this subsection shall be in accordance with form B, C or d’ that in the addendum, as the case may be, and it will be delivered to those who were entitled to receive the notice according to section 5, and will also be presented, all in the manner stipulated in the said section.

(2) No notice will be published according to subsection (1) if more than two years have passed from the date of publication of the notice according to section 5, however, the Minister of Finance may, during the said period, extend it for another period, with a reasoned decision in writing, provided that the total period does not exceed on four years; A notice of the extension of the period according to this subsection will be published in the records. (1b.) After the end of the period specified in the notice, which will be delivered according to subsection (1), the Minister of Finance will be entitled to enter the land, or to enter upon it and buy possession of it accordingly.

4. The period for starting execution of the purpose of the purchase [Amendment: 9″E]

(a) In a notice according to section 7, the Minister of Finance shall determine the period during which the implementation of the purpose of the land acquisition must begin, which shall not exceed eight years from the date of publication of the notice, but he may, in a reasoned decision in writing, determine a longer period in said notice, provided that it does not exceed 15 years From the date of publication of the announcement (hereinafter – period of commencement of execution).

(b) During the period of commencement of the implementation determined by the Minister of Finance according to subsection (a), he may extend the decision with a reasoned written statement, provided that the total period does not exceed 17 years from the date of publication of the notice according to section 7; Notice of said extension will be published in the records, will be delivered to those who were entitled to receive the notice according to section 5, and will be displayed, all in the manner stipulated in said section.

5. Return from the purchase of land [amendment: 1946 598]

A. A notice has been published according to section 5, and as long as the Minister of Finance has not bought possession of the land according to section 7, he may withdraw, either completely or partially, from the purchase of that land, provided that he delivers, in the manner detailed in section 5, a notice that he withdraws, to all persons whose names were registered in the books of the estate as the owners of the land, the purchase of which he wishes to withdraw, or as the owners of any right or interest in that land, as well as to all persons other than the aforementioned persons, who submitted a claim to that land following the notice of intent to purchase that land, delivered according to section 5, and from Following it, and after publication in the records of that notice, which he withdraws, the land mentioned in that notice will be completely exempted from the issuance of that notice of intent to purchase that land, including the obligation to pay compensation for it.

A. 1 . A notice has been published according to section 5, and if one of these occurs before the Minister of Finance buys possession of the land according to section 7, the Minister of Finance will withdraw from the purchase of the land according to the provisions of this section:

A. No notice was published according to section 7 until the end of the period for publication as stated in section (1a) of the said section;

B. the period for the commencement of the performance established for it has expired;

third. The public need for which the land was required has ended and the Minister of Finance has not decided on another public need according to the provisions of section 14 a.

B.

B. 1.

(a) In this section, “owner of rights in the land” – Those who, at the time of the publication of the notice according to section 5, are the owner of the land, or have a right or an interest in the land that at the time of return from the purchase has not yet been completed according to its original conditions, and according to the original conditions of the right or the benefit of the enjoyment can be exercised in the land at the time of return from the purchase, as well as those to whom the said rights have been transferred in the ground;

(B)

1. The Minister of Finance bought a possession of the land according to section 7, and the purpose of the land acquisition was not implemented during the period when the implementation began, or there was no start of implementation as mentioned and the public need for which the land was required ended and the Minister of Finance did not decide on another public need according to the provisions of section 14a, the Minister The treasury gives the owner of the rights in the land the rights acquired from him according to this ordinance in accordance with the provisions of this section and subject to the conditions set forth therein (in this subsection – right of restitution);

2. The purpose of the purchase has not been implemented in a particular piece of land from the purchased land, but there has been a start of implementation of an actual part of the purpose of the purchase in the purchased land or a part of it, and the specific land is still needed for the purpose of the purchase, for the purposes of this section, it will be considered as if the purpose of the purchase had been started in the particular land ; For this matter, “the purchased land” – the land for which a notice was published according to section 5;

third. The Minister of Finance will notify the owner of the rights in the land of his right to restitution against the restitution of the compensation he received and they will request that he inform in writing the person he will determine in the notice and within the period he will determine and which will not be less than six months, if he wishes to exercise the right to restitution or if he has transferred the rights to the land to another; If the owner of the rights in the land has notified the Minister of Finance that he has transferred his rights in the land to another, the Minister of Finance will notify the new owner of the rights in the land of his right to restitution as stated in this subsection;

d. If the owner of the rights to the land has notified, in writing, within the period determined according to paragraph (c) of his choice to exercise his right to restitution and has returned to the Minister of Finance the compensation according to the provisions of this section, the Minister of Finance will withdraw from the acquisition of the rights to the land in accordance with the provisions of this section;

God. were owners of the land, and in the land that is Israel’s land – tenants for generations, and not all of them announced their choice to exercise their right to restitution according to paragraph (d), the Minister of Finance will revoke the purchase of the rights to the land for those who announced their choice to exercise their right to restitution;

and. Without deviating from the provisions of paragraph (e), there were owners of rights other than those listed in the said paragraph, and not all of them announced their choice to exercise their right to restitution, the Minister of Finance may withdraw from the acquisition of the rights mentioned in this paragraph, all or some of them, and he may establish instructions to this effect, with approval The Finance Committee of the Knesset;

G.

(1) The provisions of this section shall not apply if there is a valid plan as defined in the Planning and Construction Law regarding the land, and due to the plan, returning from the purchase of the land is impossible or the plan cannot be implemented by the owners of the rights to the land;

(2) With regard to paragraph (1), a valid plan shall not be considered a plan that cannot be implemented by the owner of the rights to the land unless the owner of the rights to the land has been given an opportunity to act to change the plan according to any law, to a plan that can be implemented by him, during the period ordered by the Minister of Finance, which does not less than two years; The Minister of Finance may extend the period he ordered, if he finds that there is a reasonable chance of changing the plan within the extended period, to a plan that can be implemented by the owner of the rights to the land;

H. If the owner of the rights to the land did not give notice as stated in paragraph (d), or if he gave notice as stated but did not return the compensation according to the provisions of this section, the Minister of Finance may use the land for any purpose, including the transfer of ownership thereof to another, subject to the provisions of any law, without payment of additional compensation due to so.

(2) Where the Minister of Finance withdrew, either completely or partially, from the purchase of any land according to the provisions of subsections (1), (1a) or (1b), the following provisions shall apply:

(a) The owners of the rights to the land are entitled to receive from the Minister of Finance all those expenses that they incurred because of the procedures of purchase, or as a result of them, and compensation for damage, if any, that they might have incurred because of the notification of the intention to purchase that land, delivered according to section 5, or as a result of it , however, they will not be entitled to receive compensation due to the non-use of the land or the lack of enjoyment of it during the period when it was in the possession of the Minister of Finance except as specified in this subsection;

(b) The owner of the rights to the land shall return to the Minister of Finance the amount of compensation he received for the land or the benefit of the enjoyment of the land, as the case may be, linked to the index according to the rate of increase of the index from the date of receipt of the compensation to the date of its actual return, plus interest linked to half the prescribed rate, for the purposes of the definition ” Linkage and interest differentials” According to the Law on Ruling Interest and Linkage, 1961 (hereinafter – the Law on Ruling Interest and Linkage);

(c) The owner of the rights to the land has not received compensation for the land or for the benefit of the enjoyment of the land, as the case may be, the Minister of Finance shall pay him, compound interest as stated in paragraph (b), on the amount of compensation he was entitled to receive according to this ordinance, from the date of taking possession of the land until the date when The Minister of Finance withdrew from the purchase, and the owner of the rights to the land will not be entitled to the aforementioned compensations;

(d)

(1) The value of the rights of the owner of the rights in the land at the time he announced his choice to exercise his right to restitution as stated in subsection (1b) (in this paragraph – the date of notification) was higher than the value on the eve of the purchase by the Minister of Finance due to investments and actions to improve the land that the Minister of Finance carried out in respect of it or On his behalf, including planning actions he initiated, the owner of the rights to the land shall pay to the Minister of Finance, within two years from the date of the notification, a payment at the rate of the improvement levy that would have been paid by the owner of the rights to the land to the local committee if he had been required to pay the improvement levy according to the provisions of the third addendum to the Planning and Construction Law at the time of the notification, together with the linkage differences and linked interest at the rate set for the definition of “linking differences and interest”, according to the Interest and Linking Ruling Law, from the date of notification until the date of actual payment (in this subsection – payment for the improvement);

(2) the owner of the rights to the land did not pay the payment for the improvement until the date when the Minister of Finance returned the rights to the land to him, he will be assigned to work on the rights of the owner of the rights to the land in favor of the Minister of Finance; If the land is registered in the land registers, a note due to the encumbrance will be recorded, at the request of the Minister of Finance; A note was recorded as mentioned, no action will be recorded to transfer the rights of the owner of the rights to the land; The Minister of Finance confirmed that the payment for the improvement has been paid, the encumbrance will be canceled and the note will be deleted;

(3) The payment for the improvement will be determined by the chief government appraiser or an appraiser he has authorized, within 60 days from the date on which the owner of the rights to the land announced his choice to exercise his right to restitution as stated in subsection (1b); Part of the owner of the rights in the land on the aforementioned determination, the provisions of section 9a will apply, with the required changes;

(e) Restitution of the land to the owner of the rights in which it will be considered the exercise of rights as defined in paragraph (3) for the definition of “realization of rights” that in the third addendum to the planning and construction law and to this matter, the provisions of section 21 of the aforementioned addendum shall apply, with the required changes; The provisions of Sections 102 and 103a of the Real Estate Taxation Law (Praise and Purchase), 1963, shall apply, with the required changes, to the tax paid by the owner of rights due to the purchase of the rights by the Minister of Finance, as if the purchase had been canceled.

(3) In the event of a dispute regarding the amount of any expenses or compensation or interest or reimbursement of compensation that may be paid according to subsection (2), the Attorney General or the owner of the rights to the land may apply to the court to determine their amount.

6. Changing the purpose of the purchase [Amendment: 598]

(a) In this section, “purpose of the original purchase” – The purpose of the purchase detailed in the notice according to section 5.

(b) Land for which a notice was published according to section 7, the Minister of Finance, after consulting with the advisory committee, and after giving an opportunity to the owner of the land or the owner of a right or interest in the land to assert their claims as stated in section 5a(a) against changing the purpose of the acquisition, may decide that it It is needed for a public need that differs from the purpose of the original purchase, which is not a public need for the establishment, expansion or development of a settlement, or a need arising from or involving them (in this section – the purpose of the new purchase), subject to these provisions:

(1) The Minister of Finance will publish in the records a notice of his decision, in accordance with the form that in the addendum, which will detail, among other things, the purpose of the new purchase;

(2) In the notice according to paragraph (1), the Minister of Finance shall determine the period during which the implementation of the purpose of the new purchase must begin, which begins on the date of publication of the notice, and the provisions of section 7 b, with the required changes, shall apply with respect to said period;

(3) A notice according to this subsection will be delivered to the person who was entitled to receive the notice according to section 5, and will be presented, all in the manner prescribed in said section;

(4) If the Minister of Finance is convinced that there are special reasons that justify doing so, he may, in a reasoned decision in writing, decide that the land is needed for a public need that differs from the purpose of the original purchase, which is a need for the establishment, expansion or development of a settlement, or a need arising from or involving them.

(c) Once the purpose of the original purchase is fulfilled, the Minister of Finance may continue to use the land for the same purpose, until the purpose of the new purchase is fulfilled.

(d) The provisions of sections 14 and 14 b, as well as the provisions of this section shall apply, with modifications from the debtors, to the purpose of the new purchase as if it had been the purpose of the original purchase, and the provisions of section 14 d shall apply to it with the changes established in that section; However, if there was a start of implementation of the purpose of the original purchase, the provisions of section 14 b will apply and the provisions of section 14 will not apply, even if the implementation of the purpose of the new purchase has not been implemented.

(e) Changing the purpose of the purchase as stated in this section does not confer a right to compensation according to this order or any other similar right; However, if there was no start of implementation of the original purpose of the purchase during the period of the start of implementation, the owners of the rights to the land, as defined in section 14 (1b), are entitled to additional compensation according to the provisions of this ordinance as if at the time of publication of the notice according to this section, the Minister of Finance repurchased from them the rights they had in the land , minus the amounts they would have had to return to the Minister of Finance according to the provisions of Section 14, if the Minister of Finance had withdrawn from the purchase of the land at that time.

(f) The Minister of Finance may use his authority under this section only once.

(g) The provisions of this section do not derogate from any other authority of the Minister of Finance according to this order.

7. The purchase and registration

(1) At any time after a notice is published in the records according to section 5, the Minister of Finance may announce, in a notice to be published in the records according to form and ‘ in addition, that the same land will be assigned to him starting from that date, which is the date of publication of that notice in the records, or a date before or after that date, as much as will be specified in that notice: provided that it is possible to specify a date prior to the date of publication of that notice, only if possession of the land was purchased According to this order, prior to the publication of a notice according to this section, and the specified date will not be a date prior to the date on which the possession was bought in the same manner.

(2) After a notice according to subsection (1) is published in the records, the land will be amended to the Minister of Finance accordingly, free of all encumbrances, and the Director of the Land Registration and Settlement Division will cause the appropriate records to be made in the estate books.

8. Purchase by persons who are not the Minister of Finance, or on their behalf [Amendment: 1946, 588]

(1) Any person may apply to the Minister of Finance with a request to purchase any land in that person’s name and for his use, as well as

(a) If the applicant holds a concession, according to which he is entitled to require the Minister of Finance to purchase that land on his behalf – the Minister of Finance must,

(b) And in any other case, if the Minister of Finance believes that the purchase of the land on behalf of that person and for his use may be beneficial to the public – the Minister of Finance may proceed with the purchase of that land according to the provisions of this ordinance, as if it were land that must be purchased for a public purpose.

(2) The Minister of Finance may, after consultation with the advisory committee and subject to the provisions of subsections (2a) and (2b), allow a person who has contacted him according to subsection (1) in a notice to be published in the records to use all the powers and rights granted to the Minister of Finance or an advisor the Attorney General according to the provisions of this Ordinance, and to fulfill all the duties thus imposed on them, after which any reference in this Ordinance, except in this section and in Section 25, shall be interpreted to the Minister of Finance, the Attorney General or the Government of Israel, to the extent that it may apply in this way, in relation to The purchase of that land by that person – as the mention of that person, and the recital of words in that announcement, which says that the purchase of the land, described therein, may, in the opinion of the Minister of Finance, be beneficial to the public, will be decisive evidence of that fact.

(a) The Minister of Finance shall not grant permission according to subsection (2) to use the powers and rights granted to him according to Sections 14 to 14 d, unless it is stipulated in an agreement between the Minister of Finance and the person to whom the permission was granted that that person may use the aforementioned powers and rights, all or Some of them, subject to the provisions of that agreement.

(b) The Minister of Finance shall not grant permission according to subsection (2) except after he has published in the records a notice of his intention to grant such permission and after he has given an opportunity to the owner of the land or the owner of a right or interest in the land to assert their claims against the purchase of the land or against the granting of the permission, before him or Whoever he authorized to do so, in the manner and at the time stipulated in the regulations, with the approval of the Finance Committee of the Knesset; In the notice according to this subsection, the right of the owner of the land or the owner of the right or the benefit of the enjoyment of the land to assert their claims as stated; The provisions of this paragraph shall not apply to an authorization given by the Minister of Transportation and Road Safety to the National Road Company, the Israel Railways or another body approved by the Finance Committee of the Knesset, regarding land that is subject to a plan as defined in the Planning and Construction Law, for which a decision was made to approve it, designating it for a public need that is a road or a need arising from it or involving it, including land designated for a safety project.

(c) The provisions of section 5a shall not apply to the purchase of land by a person who has been granted permission according to subsection (2).

H. Before the Minister of Finance acquires any land on behalf of any person or for his use, he will require that person to come to an agreement with him, in which the following matters will be determined, to his satisfaction, namely:

(a) He will be paid the cost of the purchase, and

(b) After that payment, the land will be transferred to that person, and

(c) the conditions according to which that person will hold the land, and

(d) If the purchase is for the purpose of building a factory or factories – the length of time in which the factories will be carried out and maintained and the conditions under which they will be carried out and maintained, and the conditions (if any) under which the public will be entitled to use the factory or factories:
Provided that the provisions of this subsection shall not apply, if the person on whose behalf and for whose use the land is to be acquired is the holder of the concession, who determines, at the discretion of the Minister of Finance, the conditions under which the land is to be acquired and held.

ninth. Land purchased according to this section, whether it was purchased by the Minister of Finance or whether it was purchased by another person by virtue of authorization from the Minister of Finance, was amended according to the provisions of section 19 to the Minister of Finance.

9. Purchase by the Minister of Transportation and Road Safety [Amendment: 5″E] The powers given to the Minister of Finance according to this order, with the exception of the authority to establish regulations, shall also be given to the Minister of Transportation and Road Safety with regard to the purchase of land for a public purpose that is a road or a need arising from it or involving it; …
Note – applicability and transitional provisions – according to section 27 of the Law to Amend the Land Ordinance (and Purchase for Public Needs) (No. 3), 2010, the provisions of the amendment will apply to all Land for which notice of the intention to expropriate (notice according to Section 5 of the Ordinance) was published after 2/15/10 (below – the starting date). At the same time, the provisions of sections 14 and 14 a’ The Ordinance, as amended, will also apply to land for which a notice was published according to Section 5 of the Ordinance on the eve of the commencement date, with the exception of land that was transferred to a later date, land purchased according to the provisions of the Planning and Construction Law, land that passed and more than 25 days from the publication of the notice in the records according to Section 7 of the Ordinance, and land for which the need has been fulfilled the public regarding it.
It should be noted that sections 14 and (1b’) as well as section 14 a’ Do not apply to expropriation carried out according to the Planning and Construction Law (indirect amendment of Section 130 (a) of the Planning and Construction Law in the amending law).

5.26. Registering a notice based on the publication in the bulletin board

A. The notices according to the order that require registration in the land registers are:

1. Notice of intention to expropriate land (section 5 of the ordinance);

2. Notification of an instruction regarding the delivery of possession of the land (section 7 of the ordinance);

3. Notice according to sections 5 and 7 of the ordinance;

4. Notice of the extension of the period between the publication of a notice according to section 5 and the publication of a notice according to section 7 of the Ordinance (S’7 (A’1) of the Ordinance);

5. Notification of the extension of the period for the beginning of execution of the purpose of the purchase (s’ 7 b’ (b’) of the order);

6. Notice of withdrawal from land purchase (S’ 14 of the Ordinance);

7. Changing the purpose of the purchase (section 14a of the Ordinance);

8. Buying expropriated land (section 19 of the ordinance)

9. Notification of the purchase to the state of land expropriated according to section 22 of the ordinance and registered as the property of the expropriating authority (section 27 of the law amending the ordinance).

B. Every announcement according to the above sections is published in the bulletin board. As mentioned, the land registrar will refer to all these publications.

c. The registrar will carry out the registration according to what is stated in the publication kit.
The land registrars are requested to follow the publication kit and check whether there are notices in accordance with the above-mentioned law concerning properties in the area of ​​their bureaus, and to carry out the necessary registration.

5.26.Registration of notices according to the Land Ordinance (purchase for public needs)

A. Any notification according to section 5 or 5 and 7, will be recorded in the land registers in liens, whether it is a property in its entirety or in part.

B. When a notice according to section 19 refers to the draft in its entirety, the ownership will be registered in the name of the person specified in the notice; All encumbrances will be deleted.

c. There was a notification according to section 19 referring to part of the property – a note will be recorded in the liens in the following form:
“Part of the property was expropriated, in favor of ________________ See expropriation notice according to section 19 of the Lands Ordinance (Purchase for Public Needs), 1943 published in Bilkot Publications from _____________ dated __________.”

d. There is no notice in the registration according to section 19 that refers to part of the property to prevent a transaction in real estate or the act of registering a house in the register of the condominiums, provided that in every deed or in the order of the condominium, the notice as stated in “sq. g’ above.

e. An expropriation can be registered according to section 19 in the name of a local authority – a municipality or a local council or in the name of the state.
It is not possible to register such an expropriation in the name of the local committee or in the name of the local committee for planning and construction.

and. Such notification will be recorded in the reference no. The satchel of publications in which it was published.

5.26.Splitting for the purpose of separating an excessive part of real estate according to section 19 of the ordinance

A. An application was submitted by the person for whose benefit part of an asset was expropriated according to the ordinance, to split the registration of the real estate and to register the expropriated part in his name, the following documents must be attached:

1. An application signed by the person to whom the legally verified real estate was expropriated;

2. A copy of the expropriation map and of the publication in the collection of publications concerning the expropriation;

3. A sketch for registration purposes prepared by a surveyor as defined in the Measurements (Measurement and Mapping) Regulations 2016, and approved as qualified for registration;

4. Confirmation of the person in whose right the real estate was expropriated that the notice according to section 19 published in the collection of publications number ___________ dated ____________ refers to a temporary lot no. ___________ in its entirety.
Note: The number of the temporary plot as stated in the submitted deed.

B.

(1) The land registrar will carry out the requested division.

(2) In the expropriated plot, the ownership will be registered in the name of the person for whose benefit the real estate was expropriated, when the plot is free of any encumbrance accordingly.

(3) In the other part, the ownership will be registered in the name of the original owners in addition to liens and other rights that existed before the expropriation.

(a) No fee shall be charged for the split operation and no certificates shall be produced as required in a voluntary split operation.

(b) A deed has been submitted that includes the division of plots not for the stated purpose or in addition to the stated purpose, it is mandatory to act according to the chapter concerning the division of real estate.

(c) If the property for which the application was submitted is registered in the register of condominiums, the file will be forwarded to the inspector for his approval.

(d)

1. The inspector will check whether it is an expropriation of a part of the real estate attached to a certain apartment or an expropriation of a part of the joint property and will give instructions to the registrar accordingly.

(a) a photograph of a general description of the land (see Dog inAppendix No. 5) which will show the numbers of the new plots .

(b) Registration notice, attached to the general description of the land.
Note: Be careful and write down the final numbers of the plots as well as the date of registration of the planning action in the appropriate place on the form.

2. For the submitter of the documents for registration – a photograph of a general description of the land (see Dog’s BAppendix No. 5) on which the numbers of the new plots will appear. To the tax offices, submit the following documents:
Photograph of a general description of the land (see Dog’ BTax Annex’ 5).

5.26.Registration of expropriations for the needs of roads and railways – notification that section 5a does not apply to it
According to amendment no. 3 of the Lands Ordinance (Purchase for Public Needs), effective from February 15, 2010, the Roads and Railroads (Defense and Development) Ordinance was repealed, which authorized the Minister of Transportation to expropriate land for road and railroad needs. At the same time, it was determined in the aforementioned amendment to the Lands Ordinance that the expropriation of land for the purposes of road construction, the construction of an infrastructure facility and a safety project, according to a valid plan, is a public need for which real estate rights can be expropriated. Since the expropriations according to a plan were exempted by the ordinance from the obligation to hear the owners of the rights, a notice is published for these expropriations according to sections 5 and 7 of the ordinance, entitled “Notice of intention to expropriate real estate and buy possession of land to which section 5a of the ordinance does not apply”. In terms of registration in the registers, this type of notice is a notice according to sections 5 and 7 of the ordinance and must be recorded as such in the registers.

5.Registration of public housing (time order)

5.27. The definition of “public housing” According to the amendment to the Law on Registration of Public Housing (temporary order), 1964- 1964
“Public Housing” Defined in the law as follows:
Real estate on which buildings were erected by the state or on its behalf or at its initiative or the state purchased buildings on them, and which were included in the plan approved according to the Planning and Construction Law, 1965 (hereinafter – the Planning Law), until On the 14th day of Tevet 79 (December 31, 2009) and their construction began within two years of the approval of the aforementioned plan, the Minister of Construction and Housing, or whoever he authorized, may approve the land or the buildings as public housing; Notice of the approval will be published in the records.

5.27.Certificates of mandatory payments when registering in the name of tenants according to the Public Housing Registration Law

A. In this procedure –

1. “possible” is the person in whose name ownership or lease in a building or part of a building in public housing is to be registered, with the first registration, except for those who are registered as mentioned, in the first registration, as a result of a “transaction in conversion”.

2. “corporation” is a company as defined in the Companies Law, 1999, and any association as defined in the Associations Law, 1980.

B. A note on public housing will be recorded in the joint property section as part of the registration of the joint house in accordance with the publication in the collection of publications.

third. A comment regarding public housing was recorded, or when a faithful copy of the original of the publication bag regarding recording a comment on public housing was attached to the action file – you will not be required to produce certificates for the mandatory payments in the following cases:

(1) Transfer of a right from the state to a tenant who is not a corporation.

(2) Transfer of right from the state to the Amidar company.

(3) Transferring a right from Amidar to the first tenant who is not a corporation.

(4) Transferring a right from a corporation (including a corporation that is not Amidar) to the first tenant that is not a corporation.

d. When transferring a right from the state to a corporation that is not an Amidar company, tax certificates must be produced unless a right is transferred from the corporation to the tenant, in which case there is no need to produce tax certificates – neither from the corporation nor from the tenant (and this is in accordance with the provision of section 6 (b) of the law).

God. For the avoidance of doubt, it will be emphasized that the transfer of a right from the state to the Ministry of Construction and Housing will not be considered a transfer at all, for the purpose stated in this procedure.

and. These provisions will apply both to real estate taxation, both to municipal taxation (property tax and the improvement levy), and to exemption from the payment of a fee.

5.27. Registration of planning actions carried out during the registration of ownership or lease in public housing
When a planning action such as consolidation, division or splitting is carried out and the action is carried out during the registration of ownership or lease in public housing, the tax certificates for Although in the act of unification and division the purchases are made between the owners of the plots.

5.27. Registration of the mortgage – production of certificates
If the mortgage was registered to the tenant’s obligation while registering the ownership or lease in his name, there is no need to produce the tax certificates.
On the other hand, If the mortgage is registered after the mortgagee’s right to the apartment was registered earlier, the tax certificates must be produced.

5.27. Approval of public housing 181, the Minister of Construction and Housing published the notice required according to section 1a’ According to the Public Housing Registration Law, all buildings under the management of “Amidar” that their construction began before 1.1.95 and that a certificate was given by “Amidar”.

A. When the Amidar company requests to carry out a registration operation, and no comment on public housing is registered and no confirmation is attached that the building is public housing, it is sufficient to produce a certificate from Amidar that the building or a part of it is managed by Amidar and its construction began before 1.1.95.

B. As long as no comment on public housing is registered and an application is submitted to register an action by other neighborhood companies (that are not Amidar), a certificate of public housing must be produced as published in the publication collection.

5. mission

5.28. Irrevocable power of attorney given by a sender to execute a transaction as authorized by a normal power of attorney

A. When the owner of a right in the real estate allows a normal power of attorney to be sent, in order for him to sell the sender’s right in the same real estate – the transaction can end up being registered according to the normal power of attorney. It is also possible that the sender – after committing in the agreement to carry out the transaction with a third party – will give to the side c’ or for one person an irrevocable power of attorney, and this in order to ensure the right of a third party; Upon completion of the registration transaction.

B. The sender acted in accordance with the first example above, that is, he completed the transaction for registration according to the usual power of attorney – it is necessary to check whether the power of attorney is still valid (ten years have not passed from the day it was made), or it has been proven that the mission was not completed due to the death of the sender, his withdrawal, etc.

third. On the other hand, if the shipper acted according to the second example above, we would have committed in the agreement to carry out the transaction to the benefit of a third party, and in order to ensure the right of a third party An irrevocable power of attorney is given, because then – if at that time the usual power of attorney is valid (10 years have not passed, or the sender has passed away, or he has not canceled the mission) – a power of attorney will be given to guarantee the right of a third party; – Irrevocable power of attorney.

d. Action according to the second example, in fact, constitutes proper execution of the subject of the mission, and in granting the irrevocable power of attorney, the envoy acts in accordance with the authorization he received. The sender’s signature on the irrevocable power of attorney is the same as the sender’s signature on this document (see section 2 of the Delegation Law).

e. Therefore, if an irrevocable power of attorney resulting from a normal power of attorney is presented to the registrar, both power of attorneys will be attached to the transaction registration request. The usual, checked and found that ten years have not passed – he will consider the mission according to the two powers of attorney mentioned as a mission that cannot be returned.

and. In the action according to the second example, the registrar does not need to check whether at the time of granting the irrevocable power of attorney the sender (the owner of the right to the land) was alive, or if he did not cancel the delegation. And this is in light of the established assumption in section 15 of the Mission Law: that “as long as the sender does not know about the end of the mission, he is entitled to the sender to see it as continuing”.

5.28. Transfer of a power of attorney from a lawyer to another lawyer
When a lawyer transfers the powers of attorney to another lawyer, provided the original power of attorney allows this, it is necessary to require that his signature on the transfer letter be legally verified . The verification can be done by any lawyer, and not necessarily by one of the referring lawyers.

5.28. Confirmation that the power of attorney is alive and did not cancel the power of attorney
When a transaction deed signed by a consignor with a normal power of attorney (which is not irrevocable) is submitted to the registrar, we used to require the consignor to confirm before approving the transaction for registration Because the sender did not cancel the consignment note and that he did not pass away.
This requirement resulted in special respect both for the lawyers who signed the transaction bills and brought them to the registrar’s approval, and for couriers who signed the bill in the name of the party to the transaction and in his place, And they cannot at the same time verify that their sender has not passed away and that his legal capacity has been impaired.
Section 15 of the Mission Law states that “As long as the sender does not know about the end of the mission, he is entitled to the sender to see it as continuing.
Also, there is a legal presumption that a person is considered to be alive and legally kosher as long as the contrary is not proven (and in our case – from the documents attached to the application or from the data in the land register), and if the courier acted even though he knew about the end of the mission or its cancellation, there are remedies c’ who did not know about the end of the mission to claim from the mission the remedies he deserves. (Section 15 (b) of the Mission Law).
In light of the above explanation, there is no longer a need to demand delivery or from a lawyer who submits promissory notes authenticated by him – that the sender did not cancel the mission and that he did not die and that At the time of handing over the employment deeds for approval by a lawyer, one of the parties was not deceased. What is stated in this procedure does not detract from what is stated in procedure 1.1.45.

5.28. Transfer without consideration relying on a power of attorney

1. To perform a registered action without compensation, it is possible to use a power of attorney given by the recipient for the purpose of performing the action in his favor, even if the power of attorney does not include permission to perform an action without compensation.

2. To perform a registered action without compensation, a power of attorney given by the transferor can only be used if the power of attorney includes an explicit authorization to perform an action without compensation.

3. If the price is not symbolic but seems unreasonable, the matter will be referred to the inspector’s decision.

5.28.C side In irrevocable power of attorney
an irrevocable power of attorney, given to a third party guarantee, whose name is not mentioned in the power of attorney, will be accepted as a normal power of attorney. 10 years have passed since the date of giving such a power of attorney (according to the provisions of the Law for the Protection of Deposited Property, 1964) or if the giver has passed away or if a claim is made regarding the cancellation of the mission by the sender (according to the Law of Mission), the The power of attorney unless the parties have documents attesting to the clear existence of a third party. In such a case, the request will be forwarded to the supervisor for his approval.

5.28.Consignment of two parties to the transaction

A. Section 8 (2) of the Mission Law, 1965 states that “There shall be no dispatch of different messengers for one mission subject against the consent of the senders”;

b. Therefore, when a consignee represents two parties to a transaction according to two separate powers of attorney and it is not stated in the commission documents of each of them that one of them knows that the consignor also represents the other party, one should not act on the basis of these powers of attorney.
However , these powers of attorney can be obtained in both cases, as follows:

A. When the parties confirm in a written document, (verified by an attorney) that they know that the sender also represents the other party.

B. When the sender is a lawyer and he confirms in writing that the parties have agreed that he will represent both of them.

5.28. Multiple Senders
Section 17 of the Mission Law states as stated:

A. One permission will be given to several messengers, a presumption that they must act together.

b. One permission was given by several senders, a presumption that the sender must act by the power of all of them together. A question arises, what is the case when a power of attorney is given by several people to register the property in their name, while the requested action is to register the property in the name of only one of them. According to Prof. Barak is about one representative power to send. In the case where several senders give a power of attorney to the sender, there is a presumption that the sender must act by the power of all of them together and not on behalf of some of them. If he acted on behalf of some of them only, he exceeded his authority. What is the law, then, if one of the senders dies?
According to Prof’ Barak, since the mission ends when the sender dies, it is enough for one of them to die so that the power of attorney cannot be used, not even for the sender who is alive. Regarding the second, it is possible to get a lawyer’s affidavit that he intends to transfer the balance in favor of the second power of attorney and register the transaction. That is, in such a case, it is possible to rely on external evidence and according to which there is indeed an intention to comply with the language of the power of attorney. The above issue does not arise. If a power of attorney signed jointly by two consignors is submitted, for the purpose of selling their rights, it will be possible to register a transfer of their rights on the basis of assets registered in the name of both together only, unless the power of attorney specifically states an additional asset, in which only one of the parties has rights . (F.M. 19.5.11).

5.28.Registration of tenants’ rights in housing companies according to a power of attorney given on the eve of real estate transactions
since in many cases the subdivision/arrangement/registration of a condominium is carried out during the time between the buyers signing the power of attorney and their submission As part of a transaction/action file, and because of this there is no coordination between the identification of the property (block, plot) that appears in the power of attorney, and the identification of the property registered in the land registers or registered in the deeds, it is hereby determined that in these cases it will be possible to be satisfied with the approval of a lawyer, according to which the property that is the object of the power of attorney is The property registered in the land registry or in the deed.

5.28.Registration of the transfer of rights in the apartments in the names of their purchasers relying on powers of attorney of the transferees – neighboring companies
Below are updated procedural instructions regarding the registration of rights of tenants in neighboring companies. In this procedure: “Mortgage company” – A company that is responsible, among other things, for registering the rights of apartment owners and financing entities, whether the existing registration is in the name of the state or whether it is in the name of private owners.

A. Powers of attorney given by buyers in favor of a mortgage company – Powers of attorney given by buyers in favor of a mortgage company for the purpose of registering the rights in the apartment in their name and for the purpose of ensuring the registration of the mortgages on the apartments in favor of financing institutions, will be considered, according to the provision of section 14(b) of the Mission Law 1965-1965, a>.Annex 21When submitting a file for registration relying on the aforementioned power of attorney, the file submitter must Attach a lawyer’s confirmation that the transaction/operation is submitted on behalf of a mortgage company as defined in this procedure, in accordance with, being authorizations given to guarantee the right of another person.As irrevocable

b. Registration carried out relying on an irrevocable power of attorney in the event that it turns out that the transferee is deceased – in the event that a registration operation is performed by a mortgage company through an irrevocable power of attorney, including a power of attorney in accordance with the rules detailed above, and it turns out during the registration that the buyer is deceased, the property will be registered in the name of the The estate of the person listed in the deed stating that the above is deceased, i.e. – in the name of “the deceased’s estate ___ ZL”. Registration of permitted operations (refer to procedure 2.2.24 for registration and settlement procedures).

c. Discrepancies in the identification of the property in applications for registration of a warning note regarding an obligation to register a mortgage on the purchasers’ rights, which were created due to actions performed in the registry – in the case where, due to actions performed in the registry, there is a discrepancy between the identification registered in the application for registration of a warning note regarding an obligation to register a mortgage on the rights of the purchasers, and the current identification of the property In the land registry, it will be possible to correct (also by hand) the identification of the property on the application in accordance with the current identification, provided that on the side of the correction the obligee and the owner sign according to the matter (this can of course be done through a power of attorney), and subject to the fact that a lawyer’s certificate is attached to the application, according to which the property is subject The application is the property registered in the registry. (It is possible to add such a certificate on top of the certificate according toAppendix 21.

5.planning and construction

5.29.improvement levy
in accordance with the tax amendment 18 of April 8, 1981 to the Planning and Construction Law, no action will be recorded in the land registers that is an exercise of rights in the land – in accordance with its definition in that law – with the exception of a transfer between relatives, unless a certificate or confirmation of payment of the improvement levy or exemption from it has been presented to the registrar. The beginning of the correction on 1.7.81 .

5.29.Defining the “rights exercise”

A. According to section 10 (a) of the third supplement of the tax amendment 18 of the Planning and Construction Law of April 8, 1981, “No action shall be recorded in the land registers that is in the exercise of rights in the land, except after a certificate signed by the chairman of the local committee or by those authorized to do so has been presented to the registrar, indicating that all amounts due at that time have been paid as a levy Applies to the real estate according to this addendum”.

b. An action that is considered an “exercise of rights” As stated above, it is defined in section 1 of the above addendum as follows:
The transfer of real estate or the transfer of the lease to generations therein, in whole or in part, or the granting of rights in which registration in the land registers is required, for consideration or without consideration, but with the exception of transfer by force Law and transfer without consideration from a person to his relative, in this paragraph “relative” – Spouse, parent, descendant, or descendant of a spouse, sibling and their spouses. The words “and their spouses” At the end of the section, as it refers to the spouses of all those listed in the section. In rare and unequivocal cases, the applicant must be referred to the planning and construction committee to obtain approval or exemption from the improvement levy.

third. According to the opinion of the Mishna Liyoham to the government (Mr. Yoram Bar-Sela) the definition of “exercise of rights” will be reduced. Mentioned in section 1 above – only regarding a sale transaction (transfer of ownership) and lease (lease and lease for generations and their transfer).

d. The definition of the exercise of rights regarding the transaction of her mortgage was decided in the Supreme Court 7009/04 and it was determined that a loan transaction secured by her mortgage does not constitute an “exercise of rights” within the meaning of the third addendum to the planning and construction law.

God. By virtue of his authority, according to Section 10 (b) of the Third Addendum to the Proper Planning and Construction Law, the Minister of the Interior issued the Planning and Construction Regulations (Certificate Regarding Levy Payment 1981) in which it was established that a local authority may combine the approval of the payment of an improvement levy with the approval of Payment of taxes according to section 324 of the Municipal Ordinance under the conditions set forth therein.

and. In light of the above, before approving an ownership sale transaction, or a lease transaction, or a lease for generations or their transfer – approval from the local committee or the local authority for the payment of the improvement levy or an exemption from it.
Please note: when the transaction between relatives, without consideration, as stated above in section b’ – There is no need to produce the certificate.

List of appendices

Appendix No. 1: cancelled.

Appendix No. 2: cancelled.

Appendix No. 3: cancelled.

Appendix No. 4: cancelled.

Appendix No. 5: cancelled.

Appendix no’ 6: Request for registration drafts of the Israel Land Authority

Appendix No. 7: cancelled.

Appendix No. 8: cancelled.

Appendix No. 9: cancelled.

Appendix No. 10: cancelled.

Appendix no’ 11: Affidavit for renewal of registration.

Appendix no’ 12: Notice of the supervisor on a request to renew registration

Appendix No. 13 :

(a) Cover letter to the supervisor’s notice to the records system

(b) Side letter to the inspector’s notice to the Attorney General

(c) Side letter to the supervisor’s notice, general

Appendix no’ 14: order to renew registration.

Appendix No. 15: cancelled.

Appendix No. 16: cancelled.

Appendix No. 17: cancelled.

Appendix No. 18: cancelled.

Appendix No. 19: cancelled.

Appendix No. 20: cancelled.

Appendix no’ 21: accompanying form for a mortgage company.

Appendix no’ 22: Declaration and confirmation of an attorney regarding the provisions of section 2a of the Israel Land Law.