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Attorney Karin Amsalem

Objections to Neighboring Construction

Key questions to clarify, documents to prepare and the way we approach the matter before an irreversible decision is made.

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Objections to Neighboring Construction
Before You BeginA Brief Introduction to Our Firm

A short introduction to our process: how the initial review begins, what we need to understand and what happens after your first inquiry.

The Planning Procedure

Not every violation warrants opposition, but every publication requires a review

Each planning stage is subject to its own document, permission and date; misidentification of the procedure can waste valuable time.

Start with facts and documents, define what needs to be achieved, and only then choose the legal move. This way you can identify early what might delay the move and what can be resolved in advance.

When a neighbor or entrepreneur promotes adjacent construction, many property owners only discover late on that the planned project may dramatically change their quality of life. New construction can damage privacy, block views, reduce natural light penetration, create loads and affect property value as well.

In such cases, it is not always right to wait until construction is actually carried out. Sometimes the most critical stage is the planning stage, where it is possible to submit an orderly objection to the plan, to a permit request, to facilitate or to nonconforming use. An early and proper action can prevent injury or significantly reduce it.

Not all adjacent construction is a legal violation. However, when the construction materially changes the condition of the property, there is room for inspection. A violation of privacy, blocking of light, reducing or blocking a landscape, unusual height, nearby commercial use, noise, increased traffic or a serious impact on the reasonable use of the property – all these may justify action.

Common types of injuries

  • Privacy violation due to windows, balconies or direct view of property.
  • Blocking an open view that was part of the property's worth and character.
  • Significant reduction of natural light and ventilation.
  • Addition of transportation loads, noise or problematic use in the immediate vicinity.

Resisting the planning stage versus retroactive treatment

The most effective way to deal with abusive construction is at a stage where the plan or request is still open to objection. When the plan is deposited or when a permit application is published, an official objection can be reviewed. If this stage is missed, the legal options may be more limited.

However, even if construction is already underway, it is still necessary to examine whether there is an exception to the permit, whether there is illegal use or whether there is other grounds for intervention. In some situations, a planning process can be combined with enforcement or daily tort claims.

How the injury is examined

Not every feeling of discomfort will suffice. The plan, pitch conditions, distances, elevations, window placement, the extent of shading, the nature of the area and the impact on the specific property should also be examined. Sometimes it is also necessary to have an architect, appraiser, or appropriate consultant examined.

When is it best to act

It is worthwhile to act immediately upon receiving notice of the publication of a plan, request for a permit, relief or nonconforming use, or once reliable information about expected construction is received that may infringe on the rights. The sooner you act, the greater the chance of influencing the outcome.

Frequently Asked Questions

Does a view injury always warrant resistance

Not always, but in some cases it can be part of a broader argument about actual damage to the value and quality of life.

What to do if the neighbor is already building

It is necessary to check whether the construction matches the permit, whether there is an exception and whether there is grounds for planning or legal action.

Is privacy a well-known design claim

Yes, in some cases privacy infringement is a relevant consideration in the context of opposition to a plan or request for a permit.

When should a lawyer be contacted?

Once an expected or existing construction is discovered that may violate the rights, it is advisable to seek early inspection and not wait for the work to be completed.

Moments to Identify

When does a nearby construction cross the likely border

If any of these situations are familiar to you, it is best to check the image before continuing.

01

Received an advertisement or letter

The procedure should be immediately identified and the deadline to respond.

02

The situation on the ground is different.

There is a gap between the construction, the permit and the plan has begun.

03

Decisions affect the property.

Approval, rejection, billing, or injury alter the possibilities of use or value.

Towards the test

What to record before applying

You don't have to come up with a perfect case, these are the starting points that help you understand what's missing and what's important.

  • The determining documentA plan, a scratch, a decision, a mole or a license case.
  • The DatePublication, objection, appeal, claim or demand of payment.
  • The desired resultPromotion, repair, resistance, compensation or series.
Who is this service for??

Who is this service for?

The legal guidance is suitable for rights holders who understand that the permit, plan, exception or payment requirement may directly affect the value of the property and the ability to implement the program.

This May Be Right for You If…
  • Land or property owners prior to construction, modification of use or sale
  • Those who have made a decision or demand from a local committee or planning authority
  • Neighbors and rights holders who are harmed by a program or nearby construction
  • Entrepreneurs and business owners who need to test a correlation between activity, permit and planning
When is it important to stop for a wider examination?When there are several stakeholders, more than one authority, documents that do not match or a signature date and a close payment.
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Client Reviews on Google

5.0 / 5 • 27 reviews

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michael ashkar★★★★★

It is often said that lawyers are exploitative and unfair people. This office came to erase this stigma. The entire staff there is lovely, and they do their job faithfully. In my case, I dealt with Attorney Hussam Armali, and I must say that I have never met such an honest, decent, and goal-oriented person. Thank you very much from the bottom of my heart 🙏

Dvir Cohen★★★★★

I contacted Karen just to figure out whether it was worth selling a piece of land we inherited or keeping it. She sat down with me and explained the whole picture – rights, taxation, what can be done in the future. She didn’t try to push in a certain direction, and that was the most important thing to me.

Verified Reviewer★★★★★

Karin Amsalem, a professional and thorough attorney of the highest level! Represented us in the process of selling a plot of land that we won in a tender. This is a complex process that includes registering lease rights in the Land Registry, payments to the Land Registry such as consent fees, refunding subsidies for housing and construction, as well as handling the appreciation tax, which includes many expenses. Karin managed the entire process with professionalism, accuracy and attention to detail, while fully protecting our interests as sellers. Throughout the entire process, we felt that we had someone to trust. Highly recommend her!

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